FAIZ And Another vs The STATE — 1972 PCRLJ 895

Citation: 1972 PCRLJ 895

Court: Lahore High Court

Year: 1971

Decision Date: 1971-10-12

Parties: FAIZ And Another vs The STATE

Headnotes

Case cited as 1972 PCRLJ 895

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Zullah, Muhammad Munir Farooqi Title: FAIZ And Another vs The STATE Case No.: Criminal Appeal No. 19 of 1968 Date of Judgment:1971-10-12 Reported As: 1972 P Cr. L J 895 Result: Appeal allowed JUDGMENT JUDGMENT Muhammad Afzal Zullah, J.--Fans Ahmad, aged 32 years and Hashim Ali, aged 25 years, two brothers have been convicted under section 302/34, P. P. C, and each one of them has been sentenced to transportation for life by the learned Additional Sessions Judge, Lahore, at Kasur vide his judgment, dated 19-12-1967 ; for the murder of Muhammad Siddiq, their co- villager. Both the convicts have filed Criminal Appeal No. 19 of 1968. Ahmad Din, the father of the deceased, has also filed Criminal Revision No. 47 of 1968 for the enhancement of the sentence, lt was admitted to hearing on 12-3-1968. Both the matters are being disposed by this judgment. The prosecution case, as disclosed in the statement of Isa (P. W. 8) who is an eye-witness, is as follows On the day of occurrence which took place on 10-10-1966 at about 6-30 a.m., the witness went to take bath in the village mosque of Ahl-e-Hadith. Muhammad Siddiq deceased was also taking bath in the same mosque. After the bath the deceased left the mosque and started towards his house. The witness followed him at some distance. When the deceased reached near the house of Bahadur Hajam, the witness saw Yousaf (P. W. 13) and Arif (not produced) near a banyan tree. Suddenly, the…

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