MUHAMMAD KHAN vs THE STATE- — 1971 PCRLJ 413

Citation: 1971 PCRLJ 413

Court: Lahore High Court

Year: 1970

Decision Date: 1970-05-06

Parties: MUHAMMAD KHAN vs THE STATE-

Headnotes

Case cited as 1971 PCRLJ 413

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Munir Farooqi, Bashir-ud-Din Ahmad Title: MUHAMMAD KHAN vs THE STATE- Case No.: Criminal Appeal No. 62 and Murder Reference No. 31 of 1969 Date of Judgment:1970-05-06 Reported As: 1971 P Cr. L J 413 Result: Conviction altered JUDGMENT JUDGMENT MUHAMMAD MUNIR FARUQEE, J.-Muhammad Khan (appellant) was convicted under section 302, P. P. C. And sentenced to death by the Additional Sessions Judge, Gujrat, on the 18th of December 1968, for having committed the murder of Muhammad Bashir, his co-villager, on the 29th of May 1967, at chhawela in the revenue estate of Mauza Ghansia in Police Station Jalalpur Jattan. District Gujrat. He has filed the present appeal to question the correctness of his conviction while the usual reference under section 374, Cr. P. C. Is also before us and both these matters are being disposed of by this judgment. 2. The prosecution case, in brief, is that Muhammad Khan (appellant) was the Mauroosi owner of the land which was being jointly cultivated by Muhammad Hussain P. W. And his son Muhammad Bashir deceased as tenants-at-will under the .Appellant. It was alleged that on the fateful day at about chhawela they found Muhammad Khan (appellant) ploughing this land and Muhammad Bashir (deceased) going inside the field objected to it. Muhammad Khan (appellant) abused him telling him that he being the owner of land could occupy, it 'any the he liked. Muhammad Bashir (deceased) in return abused Muhammad Khan…

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