SHER MUHAMMAD AND ANOTHER vs THE STATE- — 1971 PCRLJ 381

Citation: 1971 PCRLJ 381

Court: Lahore High Court

Year: 1970

Decision Date: 1970-04-30

Parties: SHER MUHAMMAD AND ANOTHER vs THE STATE-

Headnotes

Case cited as 1971 PCRLJ 381

Judgment Text

Court Name: Lahore High Court Judge(s): Aslam Riaz Hussain, Bashir-ud-Din Ahmad Title: SHER MUHAMMAD AND ANOTHER vs THE STATE- Case No.: Criminal Appeal No. 108 and Murder Reference No. 98 of 1969 Date of Judgment:1970-04-30 Reported As: 1971 P Cr. L J 381 Result: Appeal accepted JUDGMENT JUDGMENT BASHIRUDDIN AHMAD, J. --- Sher Muhammad(32), Muhammad Ramzan (40) and Mahmood Khan (32), were tried for the murder of Ghulam Mohd. In furtherance of their common intention on the night intervening the 5th and 6th of May 1968, by the Additional Sessions Judge, Muzaffargarh, who convicted each one of them under section 302;VIth the application of section 34, P. P. C. To suffer death. 2. Sher Mohammad and Mohd. Ramzan have preferred a joint appeal challenging their conviction and sentences, while Mahmood Khan filed a separate appeal impugning the correctness of his conviction and sentence. The case is also before us on reference under section 374; Criminal Procedure Code, for confir--mation of the death sentences. -This judgment will dispose of both the appeals and the reference. 3. According to the prosecution; on the night of the occur--rence the deceased was sleeping near a wheat stack, when at about mid-night he was assaulted by the appellants, Mahmood Khan sat on the chest of the deceased who lay on a cot near the stack. Shera gave a kulhari blow to the deceased do the face while Ramzan gave chhura blows to him on the neck. Kalu who was also guarding his crop at a distance of…

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