SARANG vs THE STATE — 1970 PCRLJ 338

Citation: 1970 PCRLJ 338

Court: Lahore High Court

Year: 1969

Decision Date: 1969-07-17

Parties: SARANG vs THE STATE

Headnotes

Case cited as 1970 PCRLJ 338

Judgment Text

Court Name: Lahore High Court Judge(s): Maulvi Mushtaq Hussain, Ataullah Sajjad Title: SARANG vs THE STATE Case No.: Criminal Appeal No. 451 of 1966 Date of Judgment:1969-07-17 Reported As: 1970 P Cr. L J 338 Result: Appeal allowed JUDGMENT JUDGMENT ATAULLAH SAJJAD, J.-Sarong appellant and Ali Muhammad were tried for offence under sections 302/34 and 307/34 of the Pakistan Penal Code by Mr. Abdul Alim Dareshani, Additional Sessions Judge, Lyallpur, for causing the death of Chera and for making a murderous assault on Amir Ali (P. W. 10) who is the nephew of the deceased. Ali Muhammad was acquitted while Sarang was convicted under section 304, Part IT of the Pakistan Penal Code and was sentenced to rigorous imprisonment for a period of ten years. He was further sentenced to pay a fine of Rs.1,000 or in default thereof was to suffer rigorous imprisonment or one year. The learned Additional Sessions Judge did not record any separate conviction under section 307 against Sarang appellant. Shahadat a brother of Sarang was also an accused in the case but he died before the trial started. 2. Sarang has filed Appeal No. 451 of 1966 against his conviction and sentence while Amir Ali complainant has filed Criminal Revision No. 492 of 1966. Notice was issued to Sarang in the above criminal revision to show cause why he should not be convicted for an offence under section 302, P. P. C. Notice was also issued to Ali Muhammad to show cause why the order of his acquittal should not be set…

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