MUHAMMAD ASLAM RAJA vs THE STATE THE STATE (A) Penal Code (XLV Of — 1970 SCMR 450

Citation: 1970 SCMR 450

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: MUHAMMAD ASLAM RAJA vs THE STATE THE STATE (A) Penal Code (XLV Of JUDGMENT

Headnotes

Case cited as 1970 SCMR 450

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): N/A Title:MUHAMMAD ASLAM RAJA vs THE STATE THE STATE (A) Penal Code (XLV Of JUDGMENT Reported As: 1970 SCMR 450 Result: Appeals dismissed Judgment JUDGMENT M. R. KHAN, J.-Mohammad Aslam, Raja and Arsala were tried by the Additional Sessions Judge, Rawalpindi, for the murder of Nur Dad, a Head Constable and for attempting to commit the murder of Mehdi Khan, a Foot Constable. The learned trial Judge convicted Mohammad Aslam under section 302 of the Pakistan Penal Code and sentenced him to death, but acquitted Raja and Arsala altogether. Mohammad Aslam appealed to the High Court of West Pakistan, Lahore, against his conviction and sentence, being Criminal Appeal No. 458 of 1966. A reference was also made for confirmation of Aslam's sentence of death. On behalf of the State, Criminal Appeal No. 784 of 1966 was preferred against the trial Court's order acquitting Raja and Arsala. The High Court dismissed the State appeal as against Arsala but admitted it against Raja for regular hearing. Criminal Appeals Nos. 458 of 1966 and 784 of 1966 and the death reference were heard together by a Division Bench of the High Court and were disposed of by a single judgment. The learned Judges dismissed the appeal of Mohammad Aslam and confirmed his death sentence. They, however, accepted the appeal of the State against the acquittal of Raja. Accordingly, they convicted Raja under section 307 of the Pakistan Penal Code and sentenced him to…

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