| Citation(s) |
|---|
| 1982 SLG 716 1982 SLD 716 1982 PLD 26 |
Lahore High Court
Criminal Appeal No. 128 of 1979, decided on 28th June 1981
MUHAMMAD MUNIR KHAN, J
M. Anwar Butter and M. Yasin Wattoo for Appellants.Tassadiq Hussain Jillani, A.A.G. (Punjab) for the State.Ch. Asghar Ali Bhatti for the Complainant.
Criminal Appeal No. 128 of 1979, decided on 28th June 1981
MUHAMMAD MUNIR KHAN, J
M. Anwar Butter and M. Yasin Wattoo for Appellants.Tassadiq Hussain Jillani, A.A.G. (Punjab) for the State.Ch. Asghar Ali Bhatti for the Complainant.
INAYATULLAH AND 3 others--AppellantsvsTHE STATE--Respondent
Law:
Section:
(a) Criminal trial- Witness-Evidence, appreciation of--Prosecution witnesses closely related to deceased but having no motive to falsely involve accused Such witnesses, held, could not be termed as interested witnesses, in circumstances.-.[Witness]. (b) Criminal trial- --- Witness-Evidence, appreciation of-Injuries or person of accused not explained by prosecution witnesses but their testimony otherwise reliable-Evidence of such witnesses, held, could not be thrown out on this score only.-[Witness-Evidence). (c) Penal Code (XLV of 1860)- S. 302 read with S. 300-Murder, offence of-Accused aiming a blow with vahola at head of deceased with sufficient force resulting in his death-Accused, held, bad no intention but to kill and if case not taken out of purview of S. 300, P. P. C. offence established would be one of murder as punishable under S. 302, P. P. C. (d) Penal Code (XLV of 1860)- - S. 323-Sentence, reduction in-Accused only liable under S. 323, -P. P. C. for causing hurt to a witness-Accused a boy about 14/ 15 years old and remaining in Jail for sometime-Accused sentenced to fine only, in circumstances.-[Sentence]. (e) Penal Code (XLV of 1860)-- --- S. 302/34 read with S. 300-Murder-Sudden fight-Sentence, of--Occurrence a sudden affair, resulting in death of one on ants' side-Parties exchanging abuses before falling out and inflicting injuries to each other-Lesser penalty provided under S. 302, P. P. C., held, would meet ends of justice, in circumstances.-[Sentence]. JUDGMENT This Criminal Appeal (No. 1.28 of 1979) arises from the judgment of the learned Sessions Judge, Muzaffargarh, whereby he, on 25-1-1979, convicted (i) Inayat Ullah aged 35 years and (ii) Muhammad Shafi aged 60 years, appellants under section 302/34, P. P. C. for causing the death of Nasir-ud-Din aged 60 years and sentenced each of them to imprisonment for life and under section 544-A, Cr. P. C. (as stated in the judgment) a fine of Rs. 5,000, or in default thereof, to further R. 1. for six months each with the direction that whole of this amount, if recovered, will be paid to the legal heirs of the deceased. Muhammad Yasin appellant aged 15 years was convicted under section 325, P P. C…
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