FARID AND 3 Others vs THE STATE — 1963 PLD 40

Citation: 1963 PLD 40

Court: Lahore High Court

Year: 1969

Decision Date: 1969-10-07

Parties: FARID AND 3 Others vs THE STATE

Headnotes

Case cited as PLD 1963 SC 40

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Zullah, Bashir-ud-Din Ahmad Title: FARID AND 3 Others vs THE STATE Case No.: Criminal Appeal No. 474 and Murder Reference No. 151 of 1968 Date of Judgment:1969-10-07 Reported As: 1970 P Cr. L J 272 Result: Appeal accepted JUDGMENT JUDGMENT BASHIRUDDIN AHMAD, J.-Five persons, namely, Sultan alias Sullah (46), Shahmand (31), Gami (29), Farid (33) and Muhammad (31) were tried on charges under sections 148 and 302/149, P. P. C. By the Additional Sessions Judge, Lyallpur at Jhang, who .Acquitted Muhammad of both the charges. The result was that the charge under section 148, P. P. C. Against the rest also fell through. He convicted Sultan alias Sullah, Shahmand, Gami and Farid under section 302 of the Pakistan Penal Code. Sultan, Gami and Shahmand were sentenced to suffer death. Farid was awarded the lesser punishment provided under section 302, P. P.C. And was sentenced to transportation for life. 2. The convicted persons have appealed and the case of Sultan, Gami and Shahmand is also before us on reference under section 374, Cr. P. Code for confirmation of sentence of death. This judgment will dispose of the appeal as well as the reference. 3. Farid and Muhammad are real brothers. They are Naul by caste and are the residents of village Habib. Gami and Shahmand are brothers and Sultan is their real paternal-uncle. They are Mochis and belong to village Thatha Mustafa, District Jhang. 4. Fifteen or sixteen years before the…

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