SARDAR KHAN And Another vs The STATE — 1972 PCRLJ 906

Citation: 1972 PCRLJ 906

Court: Lahore High Court

Year: 1971

Decision Date: 1971-09-30

Parties: SARDAR KHAN And Another vs The STATE

Headnotes

Case cited as 1972 PCRLJ 906

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Zullah, Muhammad Munir Farooqi Title: SARDAR KHAN And Another vs The STATE Case No.: Criminal Appeal No. 17 of 1968 Date of Judgment:1971-09-30 Reported As: 1972 P Cr. L J 906 Result: Appeal allowed JUDGMENT JUDGMENT Muahmmad Munir Farukee, J.--The two appellants Sardar Khan and his brother Ghulam Rasul were convicted under section 302/34, P. P. C. on the 5th of December 1967 by Mr. Rasool Bakhsh Khan Leghari, then Additional Sessions Judge, Multan, who sentenced them to transportation for life with a line of Rs.1,000 or in default further rigorous imprisonment for 6 months each for committing the murder of Dewan deceased, their immediate neighbour and a close relation, in furtherance of their common intention on 18th of October 1966 at digerwela in his cattle-shed in Chak No. 83/15-L Police Station Mian Channu. 2. The prosecution case as originally reported to the police by Ramzan (P. W. 2) vide his statement Exh. P. A. was that he and his brother Ghulam Qadir (P.W. 3) were plastering their Chhapper assisted by their father Dewan deceased who was passing on the mud to them from the ground when the two appellants came there and taking exception to it told him to cut off the portion extending over their cattle-pen as it would be a nuisance for them. Ramzan P. W. replied that he would comply with the suggestion made by them after finishing the plastering but Sardar Khan appellant pulled him down and abused him. His…

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