MUBARAK ALI vs Thb STATE — 1972 PCRLJ 889

Citation: 1972 PCRLJ 889

Court: Lahore High Court

Year: 1971

Decision Date: 1971-12-16

Parties: MUBARAK ALI vs Thb STATE

Headnotes

Case cited as 1972 PCRLJ 889

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Cheema, Saleem Mazhar Title: MUBARAK ALI vs Thb STATE Case No.: Criminal Appeal No. 123 and Murder Reference No. 51 of 1971 Date of Judgment:1971-12-16 Reported As: 1972 P Cr. L J 889 Result: Appeal allowed JUDGMENT JUDGMENT Muhammad Afzal Cheema, J.--Mubarak Ali, appellant, a Driver in Military Transport, who, at the relevant time, had come to his village Aheer, Police Station Gujar Khan, District Rawalpindi, on two months' leave, was tried for the murder of one Abdul Hamid and having been found guilty by the learned Sessions Judge, Rawalpindi, was convicted under section 302, P .P. C. with an award of sentence of death vide judgment dated the 26th of January 1971, now under appeal. His case lias also been referred to us under section 374, Cr. P. C. for the confirmation of the death sentence. This judgment will dispose of the appeal as well as the Murder Reference. 2. The facts of the prosecution case, as revealed in the F. I. R. (Exh. P. A) lodged by Muhammad Riaz a collateral of the deceased, and later found to be established at the trial, briefly arc that on the 4th of November 1969, at about evening time (Nimashanw'ela) the complainant and the deceased were sitting .ogether in their common courtyard when the appellant allegedly dsited them and suggested to the deceased to participate in the nelmdi ceremony of Abdul Aziz son of Mistry Muhammad Mam, a friend of the appellant. Although the relevant reference n the F.…

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