SULTAN Alias SULLAH vs THE STATE- — 1970 PCRLJ 751

Citation: 1970 PCRLJ 751

Court: Lahore High Court

Year: 1970

Decision Date: 1970-10-21

Parties: SULTAN Alias SULLAH vs THE STATE-

Headnotes

Case cited as 1970 PCRLJ 751

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Cheema, Shoukat Ali Title: SULTAN Alias SULLAH vs THE STATE- Case No.: Criminal Appeal No. 816 of 1968 Murder Reference No. 249 of 1968 Date of Judgment:1970-10-21 Reported As: 1970 P Cr. L J 751 Result: Appeal allowed JUDGMENT JUDGMENT MUHAMMAD AFZAL CHEEMA, J.-Sultan alias Sullah (35), caste Mallah, resident of Chak No. 466/J. B., Police Station Bhawana, District Jhang, was tried and convicted by the Additional Sessions Judge, Lyallpur, at Jhang, under section 302, P. P. C., for having murdered in his Dhari one Shera on 8-10-67, at about 9 a.m., in village Nikka Daultana, Police Station Sadar Jhang, with an award of sentence of death. He has appealed against his conviction and sentence and his case has also been referred to us tinder section 374, Cr. P. C., for the confirmation of death sentence. This judgment will dispose of the appeal as well as the Murder Reference. 2. This single accused case in which the venue of the occurrence namely the Dhari of the appellant remains undisputed does not appear to us to have been properly conducted, the record of the trial Court leaving much to be desired is the form of Court questions, cross-examination including also omissions on ' the part of the prosecution with the result that the truth still remains shrouded in mystery. 3. The relevant facts of the prosecution case briefly are that Sher deceased accompanied by his uncle Jiwan complainant, both residents of Chak No. 466/J.…

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