MUHAMMAD ASHRAF vs The STATE — 1971 SCMR 530

Citation: 1971 SCMR 530

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-07-02

Parties: MUHAMMAD ASHRAF vs The STATE

Headnotes

Case cited as 1971 SCMR 530

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Mujibur Rahman Khan, Muhammad Yaqub Ali Khan Title: MUHAMMAD ASHRAF vs The STATE Case No.: Criminal Appeal No. 35 of 1969 Criminal Appeal No. 472/67 Date of Judgment:1971-07-02 Reported As: 1971 SCMR 530 Result: Appeal dismissed JUDGMENT JUDGMENT WAHIDUDDIN ABMAD, J.-This Jail Appeal is directed against the judgment of the former High Court of West Pakistan, Lahore, in Criminal Appeal No. 472 of 1967 (Murder Reference No. 113 of 1967), dated the 4th March 1968. By this judgment, the High Court upheld the conviction of the appellant and reduced his sentence to transportation for life. The appellant was tried for committing the murder of Abdur Rashid on the 25th January 1967, in the area of Jalal Din Road, Mozang, Lahore. The learned Additional Sessions Judge, Lahore, by judgment dated the 30th June 1967, convicted and sentenced him to death under section 302, P. P. C. The appellant challeng--ed this order in the above-mentioned Criminal Appeal which was dismissed on the 4th March 1968. The appellant's sentence was, however, reduced from death to transportation far life. The appellant challenged this judgment in this appeal before us. Special leave was granted in this case to re-examine the evidence led by the parties in the case. The appellant and deceased were related to each other. Appellant is the son of Barkat Ali. Barkat Ali has two brothers, namely, Sardar Muhammad and Muhammad Hussain. The appellant…

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