DALMIR vs THE STATE — 1971 PCRLJ 157

Citation: 1971 PCRLJ 157

Court: Lahore High Court

Year: 1970

Decision Date: 1970-12-31

Parties: DALMIR vs THE STATE

Headnotes

Case cited as 1971 PCRLJ 157

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Cheema, Muhammad Munir Farooqi Title: DALMIR vs THE STATE Case No.: Criminal Appeal No. 245 and Murder Reference No. 121 of 1970 Date of Judgment:- Reported As: 1971 P Cr. L J 157 Result: Appeal allowed JUDGMENT JUDGMENT MUHAMMAD MUNIR FARUQUI, J.-Dalmir appellant was tried along with six others by the learned Additional Sessions Judge, Lyallpur at Jhang, for causing the murder of Mst. Niamat Bibi and simple injuries to Amir and Allah Ditta P. Ws. And their brother Manzur in prosecution of the common object of an unlawful assembly formed by them on the 22nd of November 1968 at peshiwela in village Munday Syedan, Police Station Athara Hazari, District Jhang, who acquitting all the co-accused of the appellant had convicted him under section 302 of the Pakistan Penal Code only and sentencing him to death has submitted the record of the case to this Court under the provisions of section 374 of the Criminal Procedure Code for the confirmation of this sentence while the appellant has challenged this order by an appeal. These to matters will be disposed of by this judgment. 2. The prosecution case, as originally reported to the police by Amir (P. W. 10) at about 9 p. m. On the same evening, was that his son Muhammad, aged about 8 or 9 years, was belaboured by Zahur son of Allah Bakhsh (acquitted accused) on the 21st of November 1968, at noon the and to reprimand him for the same he gave a few slaps to said Zahur, who…

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