GHULAM AKBAR vs "THE STATE ' — 1970 PCRLJ 1309

Citation: 1970 PCRLJ 1309

Court: Lahore High Court

Year: 1970

Decision Date: 1970-03-04

Parties: GHULAM AKBAR vs "THE STATE '

Headnotes

Case cited as 1970 PCRLJ 1309

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Munir Farooqi, Bashir-ud-Din Ahmad Title: GHULAM AKBAR vs "THE STATE ' Case No.: Criminal Appeal No. 136 and Murder Reference No. 64 of 1969 Date of Judgment:1970-03-04 Reported As: 1970 P Cr. L J 1309 Result: Appeal accepted JUDGMENT JUDGMENT BASHIRUDDIN AHMAD, J.-Ghulam Akbar (36) was tried for the murder of Fateh Sher on 27-8-1967 by the learned Sessions Judge, Sargodha, who convicted him under section 302, P. P. C. And sentenced him to suffer death. 2. The condemned-person has appealed and the case is also before us on reference under section 374, Cr. P. Code, for conformation of the death sentence. We propose to dispose of the appeal and the reference by a single judgment. 3. The facts of the case, shortly stated, are that Mst. Gahran, who is married to Muhammad Sher, a brother of the deceased, had developed illicit relations with the appellant and had obtained an ex parte decree for dissolution of her marriage from a civil Court at Jauharabad. She was living in the house of her father-in-law, Alam Sher, at Katha Misral. On the eventful day, at about peshiwela, the deceased told Mst. Gahran to discontinue the illicit connection with the appellant. Mst. Gahran took it ill. She left for the house of the appellant and after a short while, the appellant came to the house of Alam Sher armed with a rifle and asked the deceased as to why he had stopped Mst. Gahran from visiting him. This led to the exchange of hot words…

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