MIANA vs THE STATE — 1972 PLD 129

Citation: 1972 PLD 129

Court: Lahore High Court

Year: 1970

Decision Date: 1970-12-04

Parties: MIANA vs THE STATE

Headnotes

Case cited as PLD 1972 Lahore 129

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Cheema, Muhammad Munir Farooqi Title: MIANA vs THE STATE Case No.: Criminal Appeal No. 643 and Murder Reference No. 198 of 1969 Date of Judgment:1970-12-04 Reported As: PLD 1972 Lahore 129 Result: Appeal accepted JUDGMENT JUDGMENT MUHAMMAD MUNIR FAROOQUI, J.-Miana son of Wali, caste Dinghi, aged 30 years, was convicted under section 302 of the Pakistan Penal Code by the learned Additional Sessions Judge, Multan, in camp at Dera Ghazi Khan, on 28th June 1969, who sentenced him to death and submitted the record to this Court for confirmation of the sentence while the correct--ness of the conviction itself has been questioned by the appel--lant and both these matters; the reference under section 374, Cr. P. E. And the appeal are being disposed of by this judgment. 2. The incident which is the subject-matter of this case took place on 30th July 1966. It was alleged that on the eventful morning Muhammad (P. W. 12) had left his camel for grazing in the bushy area near Bund Dauranwala in village Wahowa and he went there at 10 a.m. To bring back his camel when he noticed two unidentified persons concealed in the Lai bushes. He quietly came back to his village and informed Ghulam Sarwar deceased about it, who taking along with him Nura (P. W. 13), Sheru (P. W. 14) and one Haider accompanied Muhammad P. W. In that direction after deputing Ilahi Bakhsh (P. W. 7) to inform their landlord Sardar Ahmad Nawaz about it. On reaching…

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