KAZIM HUSSAIN SHAH And 4 Others vs The STATE — 1963 PLD 89

Citation: 1963 PLD 89

Court: Lahore High Court

Year: 1971

Decision Date: 1971-08-31

Parties: KAZIM HUSSAIN SHAH And 4 Others vs The STATE

Headnotes

Case cited as PLD 1963 SC 89

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Cheema, Muhammad Munir Farooqi Title: KAZIM HUSSAIN SHAH And 4 Others vs The STATE Case No.: Criminal Appeal No. 138 and Criminal Revision No. 172 of 1969 Date of Judgment:1971-08-31 Reported As: 1972 P Cr. L J 1012 Result: Appeal dismissed JUDGMENT JUDGMENT Muhammad Munir Farukee, J.--Kazim Husain Shah, his utrine brother Sakindar Shah, their brother- in-law Muhammad Husain Shah and their nephews Yousaf Shah and Sabir Shah appellants were convicted under sections 148-302/149 of the Pakistan Penal Code on 24th January 1969 by Mr. Mahmud Khan, the then Additional Sessions Judge, Sargodha, who sentenced each of them to rigorous imprisonment for one year under the first count and transportation for life under the second for having committed the murder of Muhammad Husain Shah deceased in prosecution of the common object of an unlawful assembly formed by them while armed with hatchet and dangs on the morning of 25th June 1967 in Shahpur City on account of land dispute. They have filed this appeal under section 410 of the Cr. P. C. to question the correctness of this order while Syed Zakir Husain Shah, private complainant, has preferred a petition under section 439, Cr. P. C. praying for enhancement of their sentences and both these matters, i.e., Criminal Appeal No. 138 of 1969 and Criminal Revision No. 172 of 1969 are being disposed of by this judgment. 2. The prosecution case in brief is that Mst. Mustoran, a first cousin…

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