Five Appellants vs Muhammad Anwar — 1970 SCMR 846

Citation: 1970 SCMR 846

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Headnotes

Case cited as 1970 SCMR 846

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Muhammad Shahabuddin, Alvin R. Cornelius, Dr. Sheikh Abdul Rahman, JUDGMENT Reported As: 1970 SCMR 846 Result: Appeal dismissed Judgment JUDGMENT SHAHABUDDIN, J.-The five appellants were convicted by the Additional Sessions Judge, Gujrat, under sections 148 and 302/149, P. P. C. In respect of the murder of one Muhammad Anwar; and the sentence imposed on them for the murder was transportation for life except in the case of Murad who was sentenced to death. They were also sentenced to rigorous imprisonment for two years for the offence of rioting. The High Court of West Pakistan, Lahore, confirmed their convictions and sentences and dismissed their appeal; and this is an appeal by special leave from the judgment of the High Court. The case for the prosecution was to the following effect. Anwar and the fathers of Aslam (P. W. 6) and Nadir (P. W. 7) had jointly cultivated the field where the occurrence took place and the deceased and these witnesses were sleeping in that field at night, as there was paddy in the field. On the morning of 21st November 1956 at nimazwela, the appellants came to the field in question variously armed and at the instigation of Ghulam Ali appellant the other appellants attacked Anwar and caused him injuries as a result of which he died at the spot. The fatal injuries which were on the head were inflicted with a chhavi by Murad appellant. Receiving these injuries the deceased tried to run away but…

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