held in Muhammad Ishaq and another v. The Crown — 1954 PLD 45

Citation: 1954 PLD 45

Court: Lahore High Court

Year: 1970

Decision Date: 1970-02-09

Parties: BASHIR AHMAD vs THE STATE

Headnotes

that where two persons had heard the shots fired and had seen the accused running away and being pursued by a number of persons who were raising hue and cry and saying that the appellants had killed a man, the offence could very well be said to have been committed in the view of those two persons for, it was by the evidence of their own eyes and ears that they discerned its existence. Reliance was also placed in this case on subsection (2) of section 46 of the Code of Criminal Procedure which reads as follows :- "If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer or other person may use all means necessary to effect the arrest." It was observed that the above provision authorised the employment of other persons to effect arrest.

Judgment Text

Court Name: Lahore High Court Judge(s): Ataullah Sajjad, Muhammad Munir Farooqi Title: BASHIR AHMAD vs THE STATE Case No.: Criminal Appeal No. 718 and Murder Reference No. 236 of 1968 Date of Judgment:1970-02-09 Reported As: PLD 1970 Lahore 857 Result: H. JUDGMENT JUDGMENT ATAULLAH SAJJAD, J.---Bashir Ahmad, aged about 25/26 years, a resident of Seetal Mari, Police Station Saddar Multan has been convicted by Mr. Bashir Ahmad, Additional Sessions Judge, Muzaffargarh under section 302 of the Pakistan Penal Code for the murder of Abdul Halim and under section 307 of the Pakistan Penal Code for making a murderous assault on Qutab Din (P. W. 8). Fie was sentenced to death on the first Count and to seven years' rigorous imprisonment on the second. The sentence of imprisonment under section 307, P. P. C. Was to take effect if the sentence of death was not confirmed. The convict has appealed. There is also murder reference No. 236 of 1968 before us in this connection. This judgment will dispose of both the matters. 2. The occurrence took place on 5th of July 1967, at chhoti digarwela in Ward No. 4 of Mauza Shehr Sultan, District Muzaffargarb. The appellant was at that time accompanied by Mst. Anwari wife of Muhammad Sharif who has appeared at the trial as P. W. 6 Muhammad Hanif (P. W. 7) was proceeding along the bus stand in Shehr Sultan Town when be saw the appellant and Mst. Anwari with Bashir, Siddiq and Qutub Din aliav Qutba (P. W. 8). Bashir called Muhammad Hanif and told him…

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