EJAZ HUSSAIN AND 2 Others vs The STATE — 1971 SCMR 516

Citation: 1971 SCMR 516

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-06-04

Parties: EJAZ HUSSAIN AND 2 Others vs The STATE

Headnotes

Case cited as 1971 SCMR 516

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad, Mujibur Rahman Khan Title: EJAZ HUSSAIN AND 2 Others vs The STATE Case No.: Criminal Appeal No. 29 of 1968 Criminal Appeal No. 667 of 1965 Date of Judgment:1971-06-04 Reported As: 1971 SCMR 516 Result: Appeal dismissed JUDGMENT JUDGMENT M. R. KHAN, J.-This appeal, as of right, has been preferred by Ejaz Hussain, Sher Muhammad and Muhammad Ashraf against the order of the High Court convicting and sentencing them after setting aside the trial Court's order of acquittal. These three appellants, along with Muhammad Nawaz, were tried under section 302/34 of the Pakistan Penal Code for having committed the murder of Muhammad Asghar and under sec--tion 324/34 of the Code for causing simple injuries to P. W. 15 Abdul Haq. The learned Additional Sessions Judge, Lyallpur, acquitted all of them. The State filed an appeal against the order of acquittal. The appeal proceeded against the present three appellants, but Muhammad Nawaz the other acquitted accused disappeared before his arrest could be secured after the admission of the State appeal. The prosecution case was that the appellants Ejaz Hussain, Sher Muhammad, Muhammad Ashraf and their co-accused Muhammad Nawaz were employed in the Crescent Textile Mills, Lyallpur. Muhammad Asghar, deceased used to run a tea-stall in front of the main gate of the Crescent Textile Mills, on the opposite side of the road. The appellants used to take tea on credit…

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