WAZIR MUHAMMAD And 4 Others vs The STATE — 1972 PCRLJ 549

Citation: 1972 PCRLJ 549

Court: Lahore High Court

Year: 1971

Decision Date: 1971-11-18

Parties: WAZIR MUHAMMAD And 4 Others vs The STATE

Headnotes

Case cited as 1972 PCRLJ 549

Judgment Text

Court Name: Lahore High Court Judge(s): Ataullah Sajjad Title: WAZIR MUHAMMAD And 4 Others vs The STATE Case No.: Criminal Appeal No. 791 of 1970 Date of Judgment:1971-11-18 Reported As: 1972 P Cr. L J 549 Result: Appeal allowed JUDGMENT JUDGMENT The five appellants in this case were tried under sections 148 and 307, read with section 149 of the Pakistan Penal Code and were convicted as under :-- Muhammad Nawaz and Two years' R. I.under section 148, Wazir Muhammad. P. P. C. and four years' R. I. under section 307/149, P. P. C. each. Amir Muhammad and Two years' R. I. under section 148, Mushtaq Ahmad. P. P. C. and three years' R. 1. under section 307/149, P. P. C. each. Muhammad Aslam. Six months' R. I. under section 148, P. P. C. and one year's R. I. under section 307/149, P. P. C, All the appellants were also sentenced to a fine of Rs. 300 each and in default of payment thereof they were to undergo a further period of six months' R. I. The sentences of imprisonment were ordered to run con secutively. 2. The evidence is that on 31st of March 1968, at abaut degarwela in village Naru in the District of Mianwali, the appel lants after having formed an unlawful assembly while armed with fire-arms, made a murderous assault on Muhammad Nawaz (P. W. 7). The motive for the crime was that a brother of Muhammad Nawaz appellant had been done to death one year before the occurrence and the relatives of Muhammad Nawaz, the injured person, were named as accused persons. It was the…

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