MUHAMMAD YAR vs THE STATE AND 3 Other — 1971 SCMR 730

Citation: 1971 SCMR 730

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: MUHAMMAD YAR vs THE STATE AND 3 Other

Headnotes

Case cited as 1971 SCMR 730

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Mujibur Rahman Khan, Sajjad Ahmad Jan Title: MUHAMMAD YAR vs THE STATE AND 3 Other Case No.:Criminal Appeal No. 677 of 1969 Petition for Special Leave to Appeal No. 44 JUDGMENT Reported As: 1971 SCMR 730 Result: Petition dismissed Judgment JUDGMENT M. R. KHAN, J.-Khadim Hussain, Jaffar Hussain and Maddad Ali , who are respectively the respondents Nos. 2, 3 and 4, were tried by the Sessions Judge, Sahiwal for the murder of Muhammad Din alleged to have been committed by them on the 18th April 1968, before sunset. They were also charged for theft for snatching away the gun of the deceased. The Sessions Judge acquitted Maddad Ali of the murder charge, but convicted him under section 379 of the Pakistan Penal Code for the theft of the gun and sentenced him to rigorous imprisonment for 3 months. The Sessions Judge convicted Khadim Hussain and Jaffar Hussain under section 302/34 of the Penal Code and sentenced them to death, but acquitted them of the charge under section 379. On appeal and reference, a Division Bench of the Lahore High Court acquitted both Khadim Hussain and Jafhar Hussain of the charge under section 302/34 and set them at liberty. A criminal revision was also filed against the acquittal Maddad Ali of the charge under section 302/34, but the revision was dismissed. The petitioner, who was the complainant in this case, has now come tip with this petition for special leave to appeal against the…

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