MUHAMMAD ALI vs THE STATE AND 2 OTHERSs — 1963 PLD 97

Citation: 1963 PLD 97

Court: Lahore High Court

Year: 1969

Decision Date: 1969-10-15

Parties: MUHAMMAD ALI vs THE STATE AND 2 OTHERSs

Headnotes

Case cited as PLD 1963 SC 97

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Khan Title: MUHAMMAD ALI vs THE STATE AND 2 OTHERSs Case No.: Criminal Revision No. 735 of 1969 Date of Judgment:1969-10-15 Reported As: 1970 P Cr. L J 1182 Result: Petition dismissed JUDGMENT JUDGMENT Four persons, namely, Muhammad Ismail, Muhammad Ali, Muhammad Hussain and Nawab, were tried, under sections 452/34, 302/34 and 307/34, P. P. C. For having trespassed into the house of Khushi, for committing murder of Khushi and for making murderous assault on Mst. Said Bibi and Mst. Begum Bibi. At the trial in the Court of Session, a part of the prosecution evidence was recorded by Mr. Amir Akbar Khan, Additional Sessions Judge, Sheikhupura, and on his transfer, the remaining evidence was recorded by his successor, Mr. Ihsan-ul-Haq Sethi. Mr. Ihsanul Haq Sethi acquitted Nawab and Muhammad Ali; and. Convicted and sentenced Muhammad Ismail and Muhammad Hussain to suffer death and to undergo imprisonment for various terms. The condemned persons preferred an appeal (Crl. A. No. 306 of 1968) to the High Court. The learned Sessions Judge referred to the case under section 374, Cr. P. C. For confirmation of the sentences of death. A Division Bench of this Court concluded that the procedure followed vitiated the trial. Accordingly, the learned Judges on 28-4-69 passed the following order: - "In these circumstances, the only course is to set aside the conviction of the appellants and direct that they be retried. Accordingly, we…

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