MUHAMMAD AKHTAR vs THE STATE — 1970 PCRLJ 1056

Citation: 1970 PCRLJ 1056

Court: Lahore High Court

Year: 1970

Decision Date: 1970-03-05

Parties: MUHAMMAD AKHTAR vs THE STATE

Headnotes

Case cited as 1970 PCRLJ 1056

Judgment Text

Court Name: Lahore High Court Judge(s): Ataullah Sajjad, Shoukat Ali Title: MUHAMMAD AKHTAR vs THE STATE Case No.: Criminal Appeal No. 134 of 1969 Date of Judgment:1970-03-05 Reported As: 1970 P Cr. L J 1056 Result: Sentence modified JUDGMENT JUDGMENT SHAUKAT ALI, J.-The appellant Muhammad Akhtar (26), as been convicted by the Additional Sessions Judge, Rawalpindi, on acharge of murder of Shahid Ali and sentenced under section 302, P. P. C., to death. The convict appeals and there is usual reference under section 374, Cr. P. C., for the confirmation of the sentence of death. This judgment will dispose of the appeal and the reference. 2. The crime is said to have been committed on the 10th of July 1964, at 4-00 p. m., near the main gate of Carbonic Gas Factory, Dalhousie Road, Rawalpindi, within the jurisdiction of Police Station Cantt., Rawalpindi which is at a distance of half a mile from the place of the incident. The facts culminating in this incident were that Carbonic Gas Factory Dalhousie Road, Rawalpindi, was an evacuee concern. It was jointly purchased in public auction in the year 1957 by Nawabzada Arshad Ali Khan and his two sisters, namely, Mst. Husan Ara and Mst. Satara Begum. In the year 1960, due to non-payment of auction price the factory was sealed, Mahmood Ali Qadri, husband of Mst. Satara Begum got the factory de-sealed from the Settlement Department. Later on, an agreement was executed between the partners of the factory by virtue of which Mahmood Ali…

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