MASOOM BEG vs MUHAMMAD MUNIR AND Another — 1971 SCMR 476

Citation: 1971 SCMR 476

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-05-19

Parties: MASOOM BEG vs MUHAMMAD MUNIR AND Another

Headnotes

Case cited as 1971 SCMR 476

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad, Mujibur Rahman Khan Title: MASOOM BEG vs MUHAMMAD MUNIR AND Another Case No.: Criminal Appeal No. 97 of 1969 Criminal Appeal No. 98 of 1965 Date of Judgment:1971-05-19 Reported As: 1971 SCMR 476 Result: Appeal dismissed JUDGMENT JUDGMENT M. R. KHAN, J.-Muhammad Munir, the first respondent (hereinafter called the accused) was tried under section 302 of the Pakistan Penal Code by the Additional Sessions Judge, M. R Lahore, for committing the murder of Mumtaz Beg. He was Khan convicted under the said section and sentenced to transportation for life and a fine of Rs. 1,000 and, in default of payment of the fine, to further rigorous imprisonment for four years. It was directed that half of the fine, if realised, should be paid to the heirs of Mumtaz Beg, deceased. On appeal, a learned Single judge of the former High Court of West Pakistan, Lahore, altered the conviction of the accused from section 302 to Part I of section 304 of the Pakistan Penal Code and sentenced him to rigorous imprisonment for five years. The prosecution case, briefly stated, was as follows:- The accused and the deceased who were on friendly terms were playing, the game of carom on the 10th November, 1963, together with Ateeq (P. W. 10) and Zafar Ali (P. W. 11). Of them, the accused and Ateeq were the partners on one side and the deceased and Zafar Ali were the partners on the other side. During the game, the accused…

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