ASGHAR ALI vs THE STATE Case No — 1970 PCRLJ 1019

Citation: 1970 PCRLJ 1019

Court: Lahore High Court

Year: 1969

Decision Date: 1969-12-23

Parties: ASGHAR ALI vs THE STATE

Headnotes

1019 Result: Sentence altered JUDGMENT JUDGMENT MUHAMMAD AFZAL ZULLAH, J.-Asghar Ali, aged 30 years, has been convicted by the learned Additional Sessions Judge, Lahore by his judgment, dated 23rd December 1968, under section 302, P. C., and sentenced to death for having committed the murder of Mst.

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Cheema, Muhammad Afzal Zullah Title: ASGHAR ALI vs THE STATE Case No.: Criminal Appeal No. 39 and Murder Reference No. 11 of 1969 Date of Judgment:1969-12-23 Reported As: 1970 P Cr. L J 1019 Result: Sentence altered JUDGMENT JUDGMENT MUHAMMAD AFZAL ZULLAH, J.-Asghar Ali, aged 30 years, has been convicted by the learned Additional Sessions Judge, Lahore by his judgment, dated 23rd December 1968, under section 302, P. P. C., and sentenced to death for having committed the murder of Mst. Sharifan, his ex-wife, on the night between 12th and 13th October 1957. The convict has appealed and the reference for confirmation of the death sentence under section 374, Cr. P. C., is also before us. Both the matters are being disposed of by this judgment. 2. Briefly the facts, as disclosed in the dying declaration which is also the first information report are that the deceased was suspected of being a bad character, by the appellant, therefore, he divorced her in the year 1965; though she claimed that the suspicion was unfounded. After that she started residing along with her children in Ihata Chiragh Din, Nia Mozang Lahore. On the night of occurrence at about 12-30 when the deceased was lying on a cot, the appellant came there and having sat on her body caused her several injuries with a knife (khanjar). He also fired some ineffective pistol shots at her. The shots were fired also for the purpose of scaring away people from the…

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