GHAUS MUHAMMAD vs THE STATE — 1971 PCRLJ 1089

Citation: 1971 PCRLJ 1089

Court: Lahore High Court

Year: 1970

Decision Date: 1970-12-31

Parties: GHAUS MUHAMMAD vs THE STATE

Headnotes

Case cited as 1971 PCRLJ 1089

Judgment Text

Court Name: Lahore High Court Judge(s): Shamim Hussain Qadri, Ataullah Sajjad, Bashir-ud-Din Ahmad Title: GHAUS MUHAMMAD vs THE STATE Case No.:Criminal Appeal No. 12 and Murder Reference No. 45 of 1969 r. M. No. 7820 JUDGMENT Reported As: 1971 P Cr. L J 1089 Result: appeal, set aside Judgment JUDGMENT BASHIRUDDIN AHMAD, J.-Ghaus Muhammad (27) and his brother Shah Muhammad (23) were tried for the murder of Shah Rasul on 18-6-1967, in furtherance of their common intention, by the Sessions Judge, Bahawalpur, who convicted and sentenced Ghaus Muhammad to death and Shah Muhammad to transporta--tion for life, under section 302134, P. P. C. 2. Ghaus Muhammad appealed through jail. 3. The prosecution story. Briefly narrated, is that on the eventful day, at 8 a.m., Ghulam Nabi, his brother Shah Rasul and Abdur Rehman were going to fetch bhoosa when they were way--laid and attacked by the appellant and his co-accused. Maham Ali, who is a fugitive from justice clasped the deceased from behind. The appellant gave a hatchet blow to the deceased on his head. Shah Muhammad advanced towards Ghulam Nabi, who threw a brick at him. Kalu and Qutab Din also witnessed the occurrence. The -assailants left on the arrival, of the witnesses at the spot. Ghulam Nabi proceeded to Khairpur Police Station, at a distance of 12 miles from the spot and lodged the report Exh. P. A. At 12-30 a.m., the same day. The motive, as disclosed in the report, Exh. P. A. Was that Ghulam Nabi had given evidence in a…

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