SHAHMAD Alias SHAMOO vs THE STATE — 1970 PCRLJ 853

Citation: 1970 PCRLJ 853

Court: Lahore High Court

Year: 1969

Decision Date: 1969-12-31

Parties: SHAHMAD Alias SHAMOO vs THE STATE

Headnotes

Case cited as 1970 PCRLJ 853

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Cheema, Bashir-ud-Din Ahmad Title: SHAHMAD Alias SHAMOO vs THE STATE Case No.: Criminal Appeal No. 90 of 1869 and Murder Reference No. 248 of 1968 Date of Judgment:- Reported As: 1970 P Cr. L J 853 Result: Sentence reduce JUDGMENT JUDGMENT BASHIRUDDIN AHMAD, J.-Shahmad (61), Noora (18); Shera (27) and Manzur (16) were tried for the murder of Ghulam on September 12, 1966, in furtherance of their common intention, by the Additional Sessions Judge, Gujrat, camp Gujranwala, who acquitted Noora, Shera and Manzur, but convicted and sentenced Shahmad under section 302, P. P. C. -to suffer death. 2. The condemned person appealed and the case is also before us on reference under section 374, Cr. P. Code, for confirmation of the death sentence. We propose to dispose of the appeal and the reference by a single judgment. 3. The case for the prosecution, briefly narrated, is that on the eventful day, at about chkah-wela, the appellant, who suspected the deceased of prosecuting a love-intrigue with his niece, stabbed him by means of a chhuri near the shop of Muhammad Mochi, in the area of village Kanwanwali. Murad and Rahman witnessed the occurrence. While the deceased was being taken to his house by his father, he was attacked by Shahmad, Noora, Shera and Manzur near the house of Haku. Noora and Shera caused him injuries with hatchets at the instigation of Shahmad, who inflicted on him a chhuri blow. Manzur was empty-handed. This…

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