ALLAH DAD vs THE STATE Case No — 1970 PCRLJ 826

Citation: 1970 PCRLJ 826

Court: Lahore High Court

Year: 1969

Decision Date: 1969-10-14

Parties: ALLAH DAD vs THE STATE

Headnotes

826 Result: Sentence reduce JUDGMENT JUDGMENT The appellant, has been convicted under section 304, Part I of the Pakistan Penal Code and has been sentenced to ten years' rigorous imprisonment and a foe of Rs.1,000 by the learned Additional Sessions Judge, Shiekhupura. In default of payment of the fine, he was directed to undergo further rigorous imprison--ment for six months.

Judgment Text

Court Name: Lahore High Court Judge(s): Ataullah Sajjad Title: ALLAH DAD vs THE STATE Case No.: Criminal Appeal No. 793 of 1968 Date of Judgment:1969-10-14 Reported As: 1970 P Cr. L J 826 Result: Sentence reduce JUDGMENT JUDGMENT The appellant, has been convicted under section 304, Part I of the Pakistan Penal Code and has been sentenced to ten years' rigorous imprisonment and a foe of Rs.1,000 by the learned Additional Sessions Judge, Shiekhupura. In default of payment of the fine, he was directed to undergo further rigorous imprison--ment for six months. 2. The prosecution case against the appellant is that he murdered Mst. Halima Bibi, the widow of his first-cousin Kala can 1st of July 1967, in village Asil Par, in the jurisdiction of Police Station Mangtanwala, in District Sheikhupura. 3. Mst. Halima Bibi deceased was a widow. A part of the land belonging to her husband was mutated in her name and that of Mst. Iqbal, a minor daughter of Kala from Halima. After the death of her husband, Mst. Halima engaged one Manna, a Chris--tian, as a servant. We find from the evidence of Shahrah (P. W. 2) that this Manna on occasions used to spend night in the house of the deceased. This aroused suspicion and rumour in the village that the deceased had an illicit liaison with Manna. On 1st of July 1967, the appellant at about rotiwela went to Shahrah (P. W. 2) and asked for the loan of the latter's plough. He was then holding a club which had been cut off from a kikar tree. Shahrah…

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