JAMAL DIN vs The STATE — 1971 SCMR 800

Citation: 1971 SCMR 800

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-11-05

Parties: JAMAL DIN vs The STATE

Headnotes

Case cited as 1971 SCMR 800

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Mujibur Rahman Khan, Sajjad Ahmad Jan Title: JAMAL DIN vs The STATE Case No.: Criminal Appeal No. 46 of 1969 Criminal Appeal No. 512 of 1965 Date of Judgment:1971-11-05 Reported As: 1971 SCMR 800 Result: Appeal accepted JUDGMENT JUDGMENT SAJJAD AHMAD, J. Jamal Din, the appellant before us, was tried along with his brother, Shamsuddin, for the murder of Muhammad Younus under section 302/34, P. P. C. And also on 4 counts under section 307/34, P. P. C. For committing murderous assaults on P. Ws. Habib, Muhammad Yamin, Muhammad Idrees and Mst. Asghari. The occurrence took place at noon time on the 1st of November 1964, in the area of Chah Thanedarwala, attached to the Police Station Kabirwala (Multan), where a report was lodged at 4 p.m. The same nay. The learned. Sessions Judge convicted both the brothers, and sentenced each of them to transportation for life on the murder charge and to 6 years' R. I. Each on each of the counts under section 307/34, P. P. C. On appeal to the High Court at Lahore, Shamsuddin was acquitted. The offence of the appellant was altered to section 304, P. P. C. With a sentence of 4 years' R. I., and his conviction under section 307/34, P. P. C. Was altered to one tinder section 307, P. P. C. And his sentence Was reduced to 3 years' R. I. On the view taken by the learned Judges of the Division Bench in the High Court that the appellant had acted in the right of self-defence while…

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