ABBAS vs The STATE — 1971 SCMR 211

Citation: 1971 SCMR 211

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-03-01

Parties: ABBAS vs The STATE

Headnotes

Case cited as 1971 SCMR 211

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman, Sajjad Ahmad Jan Title: ABBAS vs The STATE Case No.: Criminal Appeal No. 72 of 1970 Murder Reference No. 244/68 Date of Judgment:1971-03-01 Reported As: 1971 SCMR 211 Result: Appeal dismissed JUDGMENT JUDGMENT SAMAD AHMAD, J.-The appellant, Abbas was tried, along with his cousins, Muhammad Shall, Habib and Jawahar, for causing the murder of one, Kamal, and his son, Abdur Rahman, under section 3,12/34, P. P. C. (two counts), and for attempting on the life of another son of Kamal, namely, P. W. Muhammad Hussain. The trial Judge convicted them and sentenced the first two to death and the other two, each to transportation for life on the murder counts. He also convicted all of them under section 307/34, P. P. C. For attempting to kill P. W. Muhammad Hussain, for which Muhammad Shall was sentenced to 5 years' R. I. And the rest to 7 years' R. I. Each. On appeal and reference in the High Court, all the accused were acquitted of the charge under section 307/34, P. P. C. Habib and Jawahar were also acquitted of the murder charges, but the conviction, and sentences of the appellant and Muhammad Shafi on both the counts of the murder charge were upheld, and their sentences of death were confirmed. The occurrence took place on the night between the 23rd and 24th of November 1966. It was alleged that at first the accused went to the well at Chah Miluwala of P. W. Muhammad Hussain, and assaulted him.…

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