MUHAMMAD ALI And 2 Others vs The STATE — 1972 PCRLJ 314

Citation: 1972 PCRLJ 314

Court: Lahore High Court

Year: 1971

Decision Date: 1971-10-26

Parties: MUHAMMAD ALI And 2 Others vs The STATE

Headnotes

Case cited as 1972 PCRLJ 314

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Zullah, Muhammad Munir Farooqi Title: MUHAMMAD ALI And 2 Others vs The STATE Case No.: Criminal Appeal No. 582 of 1968 Date of Judgment:1971-10-26 Reported As: 1972 PCr. L J 314 Result: Appeal accepted JUDGMENT JUDGMENT Muhammad Afzal Zullah, J.--Saif Ullah, Inayat Ullah, Muhammad Ali and Muhammad Hussain were tried by the learned Addl. Sessions Judge, Lyallpur for the murder of their co-villager Fateh Muhammad. He vide his judgment dated 15-6-1968, acquitted Muhammad Hussain and convicted the others under section 304 (II) read with section 34, P. P. C. and sentenced them to five years' R. I. each. Criminal Appeal No. 582 of 1968 has been filed by the convicts while Criminal Appeal No. 751 of 1968 has been filed by the State seeking the conviction of all the accused under section 302/ 34, P. P. C. Nazir Ahmad, the brother of the deceased has filed Criminal Revision No. 716 of 1968 with the same prayer as in the State Appeal. All the three matters are being disposed of by this judgment. The prosecution case as disclosed in the statement of Nazir Ahmad P. W. 3, who is the brother of the deceased and is also the first informant, is as follows : On the day of occurrence which took place on 25-7-1967 at about 6-00 a.m. Nazir and his brother Fateh Muhammad had gone to plough the land which they had taken on lease from Barkhurdar P. W. 4. It is in Square No. 50. Fateh Muhammad started ploughing the land while Nazir started…

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