ALLAH YAR vs The STATE — 1972 PCRLJ 90

Citation: 1972 PCRLJ 90

Court: Lahore High Court

Year: 1971

Decision Date: 1971-07-14

Parties: ALLAH YAR vs The STATE

Headnotes

Case cited as 1972 PCRLJ 90

Judgment Text

Court Name: Lahore High Court Judge(s): Shamim Hussain Qadri, A. R. Sheikh Title: ALLAH YAR vs The STATE Case No.: Criminal Appeal No. 718 of 1967 Date of Judgment:1971-07-14 Reported As: 1972 P Cr. L J 90 Result: order accordingly JUDGMENT JUDGMENT Shameem Hussain Kadri, J.--Muhammad Bakhsh, aged 70 years, and his son, Allahyar, aged 25 years, were tried by the learned Sessions Judge, Multan, for the murder of one Munshi Faiz Bakhsh. The former was convicted under section 302/109, P. P. C-, while the latter under section 302, P. P. C. Both of them were sentenced to transportation for life on 31st August 1967. They have filed two separate appeals through jail (Criminal Appeals No. 718 of 1967 and No. 719 of 1967, both of which will be disposed of by this judgment. 2. The occurrence took place at Chah Berwala, mauza Kurai Baloch, on the 7th of July 1966, at 10-30 a.m. The matter was reported by Qasam (P. W. 9) vide First Information Report Exh. P. A. which was recorded by Sultan Ahmad, Assistant Sub- Inspector of Police (P. W. 13) the same day at 5 p. m. at Police Station Kabirwala, fourteen miles away from the spot. 3. Briefly, the prosecution story as given in the first information report is as follows :--Ghulam Muhammad (P. W. 8) was a tenant of Shabir Hussain Gardezi (P. W. 6) at Chah Berwala, whose tenancy was terminated after a year. As Ghulam Muhammad, aforementioned, was shifting to Chah Wahidad with his family and was taking his cattle also along with him, both the…

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