NAWAZA AND Another vs THE STATE — 1960 PLD 149

Citation: 1960 PLD 149

Court: Baghdad-ul-Jadid

Year: 1969

Decision Date: 1969-10-10

Parties: NAWAZA AND Another vs THE STATE

Headnotes

Case cited as PLD 1960 Lah. 149

Judgment Text

Court Name: Baghdad-ul-Jadid Judge(s): Muhammad Afzal Cheema, Mushtaq Hussain Munir Title: NAWAZA AND Another vs THE STATE Case No.: Criminal Appeal No. 36 of 1968 (BWP), Date of Judgment:1969-10-10 Reported As: 1970 P Cr. L J 574 Result: Appeal allowed JUDGMENT JUDGMENT MUSHTAQ HUSAIN MUNIR, J.-Nawaza (33), Abbas (31) sons of Sardar Muhammad, Khaira (35) and his cousin Qadir Bakhsh alias Qadra (33) residents of Chak No. 183/P, were tried by the learned Sessions Judge, Rahimyarkhan, under section 302 read with sections 34; 307 read with section 34 and 323 read with sec-- tion 34 of the Pakistan Penal Code on the allegations, that in furtherance of their common intention, on 7th August 1968, in the area of Chak No. 183/P, at about sunset time, they intention-- ally caused the death of Dadla; grievous hurt to Ahmad P. W. With such intention and knowledge and in such circumstance that if he thereby died, they would have been guilty of murder and simple hurt to Mitha P. W. Nawaza and Abbas were found guilty under section 302 read with section 34, P. P. C. And sentenced to transportation for life each. They were also convicted under section 323/34, P. P. C. And sentenced to suffer rigorous imprisonment for two months. Both the sentences were directed to run concurrently. They were acquitted of the charge under section 307 read with section 34, P. P. C. Their co-accused Khaira and Qadra were acquitted. The convicts have come up in appeal. 2. The prosecution story in brief is,…

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