NURA AND Another vs The STATE — 1971 SCMR 213

Citation: 1971 SCMR 213

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-02-26

Parties: NURA AND Another vs The STATE

Headnotes

Case cited as 1971 SCMR 213

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title: NURA AND Another vs The STATE Case No.: Criminal Appeal No. 14 of 1967 Appeal No. 645 of 1963 Date of Judgment:1971-02-26 Reported As: 1971 SCMR 213 Result: Appeal dismissed JUDGMENT JUDGMENT SAJJAD AHMAD, J.-This is an appeal, as of right, by Nura and his sister's husband, Gulzar, who were acquitted of the charge of murdering one, Sohney Khan, by the Additional Session Judge, Sahiwal but on an appeal by the State, a Division Bench of the High Court (Lahore) set aside their acquittal and holding them guilty under section 302/34, P. P. C. Sentenced each of them to transportation for life. According to the prosecution case, Nura, who was once an employee of the deceased, was turned out by the latter from the village because of his suspected liaison with certain village girls, which annoyed Nura, who took his revenge and killed the deceased. The occurrence took place on the night between the 19th and 20th of September 1962, at about 9 p.m. The deceased was returning to his house after offering isha prayers in the mosque in the company of his son, P. W. Muhammad Saeed. On the way, near the uninhabited house of one, Sajwara Mirasi, the appellants pounced on him and caused him injuries with their hatchets. P. W. Muhammad Saeed was able to identify them in the light of the torch, which he was having with him. On the alarm of Muhammad Saeed, P. Ws. Muhammad Asghar,…

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