BARKAT ALI vs THE STATE Case No — 1970 PCRLJ 87

Citation: 1970 PCRLJ 87

Court: Lahore High Court

Year: 1970

Decision Date: 1970-10-24

Parties: BARKAT ALI vs THE STATE

Headnotes

J 87 Result: Appeal dismissed JUDGMENT JUDGMENT BASHIRUDDTN AHMAD, J.-Barkat Ali (30) was tried for the murder of Nizam Din on 20th September 1966, by the learned Sessions Judge, Gujranwala, who convicted him under section 302, P. And sentenced him to suffer death.

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Cheema, Bashir-ud-Din Ahmad Title: BARKAT ALI vs THE STATE Case No.: Criminal Appeal No. 662 and Murder Reference No. 164 of 1968 Date of Judgment:1970-10-24 Reported As: 1970 P Cr. L J 87 Result: Appeal dismissed JUDGMENT JUDGMENT BASHIRUDDTN AHMAD, J.-Barkat Ali (30) was tried for the murder of Nizam Din on 20th September 1966, by the learned Sessions Judge, Gujranwala, who convicted him under section 302, P. P. C. And sentenced him to suffer death. 2. The condemned person appealed and the case is also before us on `reference under section 374, Cr. P. Code, for con--firmation of the death sentence. This judgment will dispose of the appeal as well as the reference. 3. The facts of tile case, shortly stated, are that the appellant was indebted to the deceased in the sum of Rs. 2,000.00 and it led to an altercation between him and the deceased, when the latter demanded the return of the loan to him some 5 or 7 days before .The occurrence, which is the subject-matter of the case. On account of that grudge, the appellant is alleged to have come to the shop of Nizam Din on the eventful day at 1-00 p.m. And fired at him with the shotgun resulting in the mortal injury to the deceased on right half of the abdomen while he lay on a matress inside his shop. Muhammad Ishaq, Allahditta, Ali Nawaz and Mushtaq witnessed the occurrence. The appellant dropped the gun at the spot and rode away on, a mare. The deceased was removed in a…

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