HAKIM ALI AND Another vs THE STATE — 1971 PCRLJ 666

Citation: 1971 PCRLJ 666

Court: Lahore High Court

Year: 1970

Decision Date: 1970-01-16

Parties: HAKIM ALI AND Another vs THE STATE

Headnotes

Case cited as 1971 PCRLJ 666

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Cheema, Muhammad Afzal Zullah Title: HAKIM ALI AND Another vs THE STATE Case No.: Criminal Appeal No. 690 and Murder Reference No. 240 of 1968 Date of Judgment:1970-01-16 Reported As: 1971 P Cr. L J 666 Result: Appeal allowed Judgment ORDER MUHAMMAD AFZAL ZULLAH, J.-Hakim Ali, aged 30 years, and his cousin Ahmad Khan, aged 20 years, have been convicted under section 302/34, P.. P. C. And sentenced to death; for having committed the murder of Shah Muhammad aged 60 years, their co-villager, in the area of village Shah Sarmast, District Gujrat, on 5th December 1966, by the learned Additional Sessions Judge, Gujrat, vide his judgment dated 4th July 1968. Two accused persons namely, Khan Muhammad aged 23 years, a brother of Hakim Ali convict, and Bahadur, aged 23 years, a brother of Ahmad Khan convict, who were jointly tried with them have, however, been acquitted. The convicts have appealed and the reference under section 374, Cr. P. C. For the confirma--tion of the sentences of death is also before us. Both the matters are being disposed of by this judgment. 2. Briefly, stated the facts, as disclosed in the statement of Muhammad Sadiq (P. W. 12) who is the son of Shah Muhammad deceased and is also the first informant, are as follows: On the day of occurrence i.e. 5th December 1966, at about chhahwela, one Khawaja (not produced) came to the house of the deceased and asked him to accompany him to the office of Union Council…

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