ALLAH DIWAYA vs THE STATE- — 1971 PCRLJ 493

Citation: 1971 PCRLJ 493

Court: Lahore High Court

Year: 1970

Decision Date: 1970-03-04

Parties: ALLAH DIWAYA vs THE STATE-

Headnotes

Case cited as 1971 PCRLJ 493

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Fazle Ghani Khan, Muhammad Afzal Khan Title: ALLAH DIWAYA vs THE STATE- Case No.: Criminal Appeal No. 134 of 1967 Date of Judgment:1970-03-04 Reported As: 1971 P Cr. L J 493 Result: Case remanded Judgment ORDER MUHAMMAD FAZLE GHANI KHAN, J.-Appellant Allah Diwaya son of Pit Bakhsh, Rind Baloch, aged 22 years, resident of village Bait Qaimwala, Police Station Dira Din Pariah, District Mazaffar--garh on a charge under section 302, P. P. C. For the murder of one Karim Bakhsh son of Jewan alleged to have been caused on 9th of January 1965 at about 8 a. m. Near Nehar Magsan and for having committed the murder of his sister Mst. Nooro on the same day at about Pehar din charha in the area of Chah Habib Wala, village Bait Qaimwala within the jurisdiction of Police Station Dira Din Pariah. The appellant has been convicted accordingly by order of the trial Court dated 18th of January 1966 and has been sentenced to transportation for life. He has preferred this appeal against his conviction and sentence from jail. 2. Briefly stated the prosecution story ruins as follows:- Sometime before the fateful day, Karim Bakhsh deceased had abducted Mst. Nooro, sister of the appellant, and married her forcibly, About 22/23 days before the occurrence Karim Bakhah started living in his house in village Bait Qaimwala with Mst. Nooro and this at was resented by appellant and his brothers Allah Ditta and Ghulam Farid and they were seeking an…

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