Case Details

Citation(s)
1975 SLG 3074 = 1975 SLD 3074 = 1975 PCRLJ 750
Lahore High Court
Criminal Appeal No. 426 and Murder Reference No. 132 of 1 heard on 30th March 1973.
Presented By: Mushtaq Hussain and Javid Iqbal, JJ
S. Ali Raza for Appellant. Mufti Nazar Muhammad for A:-G. for the State.

ANWAR-Appellant

VERSUS

THE STATE-Respondent

Law: Criminal Procedure Code (V of 1898)

Section: 154

Law: Penal Code (XLV of 1860)

Section: 302

(a) Criminal Procedure Code (V of 1898) S. 154-First Information Report -Report made to Sub-Inspector of Police at Police Station--Sib-Inspector instead of taking it down immediately having for spot and recording F. I. R. after snaking investigation-Sanctity attached to F. I. R., held, vanished in circumstance; of case-Penal Code (XLV of 1860), S. 302. (b) Criminal trial Investigation-Investigation revealing dishonesty-Prosecution case, held, doubtful-Penal Code (XLV of 1860), S. 302. Date of hearing : 30th March 1973.                                                                                                            JUDGMENT MUSHTAQ HUSSAIN, J.----Anwar son of Jaimal, aged 22 years, Sarwar alias Saroo son of Din Muhammad, aged 19 years and Mubarik alias Mamura son of Goman, aged 21 years, all residents of Chak No. 29-30/2-L, District Sahiwal, stood their trial before the learned Sessions Judge, Sahiwal, who by his order dated 17-6-1971 convicted Anwar under section 302, P. P. C. and sentenced him to death for having killed Atta Muhammad in a field in the area of Chak No. 40/D, Killa No. 19, Square No. 30, at a distance of 8 miles from Police Station, Dipalpur in the District of Sahiwal. By the same order, he acquitted Mubarik and Sarwar the two co accused. The F. I. R. Exh. P. B./1 was recorded at 6-10 p.m. at P. S. Dipalpur on the basis of Exh. P.B, a statement made by Muhammad Amir (P. W. 5), brother of the deceased, before Umra Khan S. H. O. (P. W. 8) at Pir De Hatti at a distance of 3 miles from the scene. By the same order, he convicted Anwar under section 302, P. P. C. and sentenced him to death for having on 25-9-1969 at 2-30 p.m. murdered Atta Muhammad aged 25, in a field of Chak No. 29/2/L at a distance of 8 miles from P. S. Dipalpur. Anwar has filed an appeal against his conviction and sentence and the case is also before us tinder section 374, Cr. P. C. for confirmation of the…
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