NOORA AND Another vs THE STATE — 1970 PCRLJ 682

Citation: 1970 PCRLJ 682

Court: Lahore High Court

Year: 1970

Decision Date: 1970-09-19

Parties: NOORA AND Another vs THE STATE

Headnotes

Case cited as 1970 PCRLJ 682

Judgment Text

Court Name: Lahore High Court Judge(s): Maulvi Mushtaq Hussain, Bashir-ud-Din Ahmad Title: NOORA AND Another vs THE STATE Case No.: Criminal Appeal No. 526 and Murder Reference No. 185 of 1968 Date of Judgment:1970-09-19 Reported As: 1970 P Cr. L J 682 Result: Appeal dismissed JUDGMENT JUDGMENT ASHIRUDDW AHMAD, J.-Two brothers, namely, Noora (24) and Shera (21) were tried for the murder of Moonda, in furtherance of their common intention, on November 4, 1966, in the area of village Bhabra., by the Additional Ses--sions Judge, Sargodha, who convicted them under section 302/34, P: P. C. And sentenced to suffer death. 2. The condemned persons appealed and the case is also before us on reference under section 374, Cr. P. C., for confirmation of the death sentence. We propose to dispose of the appeal and the reference by a single judgment. 3. The story of the prosecution, briefly narrated, is that on the fateful day, at degarwela, the deceased was returning with a donkey load of bajra from his field towards his house, when he was attacked, near the jhugi of Hasna Dindar, by the appellants with hatchets. He was pursued to some distance and eventually Noora appellant overtook him and gave a blow with the hatchet on the head of the deceased who fell to the ground. Thereafter, the appellants inflicted more injuries with their respective weapons. Malii, Mst. Naziran, Umra and Mst. Sardaran, who accompanied the deceased, raised an alarm. The occurrence was also witnessed by Ali…

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