MUHAMMAD HUSSAIN AND ANOTHER vs THE STATE — 1971 PLD 959

Citation: 1971 PLD 959

Court: Lahore High Court

Year: 1971

Decision Date: 1971-04-22

Parties: MUHAMMAD HUSSAIN AND ANOTHER vs THE STATE

Headnotes

Case cited as PLD 1971 Lahore 959

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Cheema, Saleem Mazhar Title: MUHAMMAD HUSSAIN AND ANOTHER vs THE STATE Case No.: Criminal Appeal No, 279 of 1967 Date of Judgment:1971-04-22 Reported As: PLD 1971 Lahore 959 Result: Appeal dismissed JUDGMENT JUDGMENT MUHAMMAD AFZAI, CHEEMA, J.--Allah Ditta (25) and his collateral Mohammad Hussain (18), residents of Basti Kaski, Police Station Kot Samaba, District Rahimyar Khan, were tried for an offence under section 302/34, P. P. C., for the murder of one Haji Nazir Ahmad, resident of a neighbouring village Chak No, 46/P, allegedly committed by them in furtherance of their common intention on 15-5-1966, at about 6-30 p. m. Vide his judgment dated 17-4-1967, the learned Sessions Judge, Rahimyar Khan, convicted Allah Ditta under section 304 (Part II), P. P. C. with an award of ten years' rigorous imprisonment and Muhammad Hussain under section 304 (Part H), 114, P. P. C. with an award of three years' rigorous imprisonment. The convicts have preferred Criminal Appeal No, 279 of 1967 against their convictions and sentences, while the State has filed Criminal Appeal No, 620 of 1967 against their acquittal of the charge under section 302/34, P. P. C. Both the appeals will be disposed of by this judgment. 2. The facts of the prosecution case, as alleged by Mahmud Ahmad complainant (P. W. 2) in the F. I. R. Exh. P. A., lodged at 1-30 a. m. on 16-5-1966, at Police Station Kot Samaba, 12 miles away from the spot briefly are…

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