NAZAR HUSSAIN vs The STATE — 1969 SCMR 364

Citation: 1969 SCMR 364

Court: Lahore High Court

Year: 1970

Decision Date: 1970-12-23

Parties: NAZAR HUSSAIN vs The STATE

Headnotes

Case cited as 1969 SCMR 364

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Zullah, Aslam Riaz Hussain Title: NAZAR HUSSAIN vs The STATE Case No.: Criminal Appeal No. 888 and Murder Reference No. 222 of 1969 Date of Judgment:1970-12-23 Reported As: 1972 P Cr. L J 920 Result: Appeal partly accepted JUDGMENT JUDGMENT Muhammad Afzal Zullah, J.--Nazar Hussain, aged 25 years has been convicted under section 302, P. P. C. and sentenced to death by the learned Additional Sessions Judge, Rawalpindi, vide his Judgment dated 29th October 1969. He has appealed while the sentence of death is before us for confirmation. Both the matters are being disposed of together. 2. The facts of the case as disclosed in the statement of Feroze Din (P. W. 7) who is also the first informant are as follows:-- On the day of occurrence i.e. 16th November 1968, at about 9 or 10 a.m. the witness was working in the Baghicha of one Abdul Aziz. He saw Mehrban the deceased in this case going towards Gujjar Khan city. Nazar Hussain appellant was coming from the opposite direction. Both of them were previously known to the witness. When they came close to each other the appellant, inflicted nine or ten knife blows to the deceased, and thereafter ran away with the knife. Muhammad Alcram (P. W. 8) and Khadim Hussain (P. W. 9) also saw the occurrence. Leaving them on the spot Feroze Din left for the police station which is at a distance of half a mile and lodged the report Exh. P. D. at 10- 30 a.m. It was recorded by Sher Dil Khan,…

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