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MUHAMMAD LATIF AND 2 Others vs THE STATE — 1971 PCRLJ 530

Citation: 1971 PCRLJ 530

Court: Lahore High Court

Year: 1970

Decision Date: 1970-03-03

Parties: MUHAMMAD LATIF AND 2 Others vs THE STATE

Headnotes

Case cited as 1971 PCRLJ 530

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Munir Farooqi, Bashir-ud-Din Ahmad Title: MUHAMMAD LATIF AND 2 Others vs THE STATE Case No.: Criminal Appeal No. 810 of 1968 and Murder Reference 'U'. 50 of 1969 Date of Judgment:1970-03-03 Reported As: 1971 P Cr. L J 530 Result: Order accordingly JUDGMENT JUDGMENT BASHIRUDDIN AHMAD. J.-Muhammad Latif (20), Muhammad Rafi (40), Muhammad Siddique (38) and Abdur Rashid alias Kaka (17) were tried for the murder of Abdur Rauf on August IS, 1967. In furtherance of their common intention by the Additional Sessions Judge, Lahore, who acquitted Abdur Rashid alias Kaka. He convicted the rest of them under section 302 read with S. 34, P. P. C. Muhammad Latif was sentenced to suffer death. Muhammad Rafi and Muhammad Siddique were awarded the lesser punishment provided under section 302, P. P. C. And were sentenced to transportation for life. 2. The convicted persons appealed and the case is also before us on reference under section 374, Cr. P. Code in so far as Muhammad Latif is concerned, for confirmation of the death sentence. We propose to dispose of the appeal and the reference in a single judgment. 3. Briefly narrated, the prosecution story is that on the evening of the fateful day, Abdur Rashid alias Kaka, a nephew of the appellants, went to the shop of Mushtaq Ahmad for purchasing wanda. Nisar Ahmad a nephew of Mushtaq Ahmad, was present at the shop. He told Abdur Rashid alias .Kaka to weigh the wanda himself as he was busy with…

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