Case Details

Citation(s)
1982 SLG 859 1982 SLD 859 1982 PLD 694
Lahore High Court
Criminal Appeal No. 128 of 1981, decided on 2nd May, 1982. dates of hearing : 21st and 24th April, 1982
RUSTAM S. SIDHWA, J
Kh. Sultan Ahmad and Kh. Muhammad Sharif for Appellants. Nazar Hussain Dogar for A. G. for the State

KHUSHI MUHAMMAD AND 4 others--Appellants

VS

THE STATE--Respondent

Law:

Section:

(a) Pawl Code (XLV of 1860- Ss. 302 & 304, Part II read with S. 299-Murder-Offence, alteration of-Accused motivated to give deceased a good severe beating-Some verbal quarrel also preceding beating deceased-Accused responsible for causing a most grievous injury on head of deceased with a sota, . causing fracture of skull-Conviction under S. 302, P. P. C. altered to one under S. 304, Part 11, P. P. C. in circumstances. (b) Penal Code (XLV of 1860)- S. 302 read with S. 325-Murder-Offence, alteration of-Accused and deceased having a chance meeting while boarding same bus and some verbal quarrel taking place between. parties, prompting accused to give deceased a good severe beating-Only serious and grievous injury on head of deceased attributed to co-accused whereas remaining grievous injuries on person of deceased being fracture of left tibbia and fabula --­Accused, held, had no intention to kill deceased, in circumstances ­Conviction under S. 302, P. P: C., altered to one under S. 325, P. P. C. JUDGMENT Khushi Muhammad, son of Imam Din and Muhammad Riaz, Muhammad Ilyas, Muhammad Jamil and Muhammad Iqbal, sons of Ghalam Qadir, were tried under section 302/149 and 148, P. P. C. for the murder of Muhammad Nawaz, deceased, and for rioting by an Additional Sessions Judge of Lahore, who, by his judgment dated 10-2-1981, convicted and sentenced them under section 302/149, P. P. C. to life imprisonment each with a fine of Rs. 3,000 each or in default of payment of fine to further rigorous imprisonment for two years each and under section 148, P. P. C. to two years' rigorous imprison­ment each. Both the sentences were ordered to run concurrently and half of the fine, if realized, was ordered to be paid to the heirs of Muhammad Nawaz, deceased. The appeal of the five convicts is now before me for disposal. 2. The brief facts of the case are that Inayat Ali, P. W. 12 and Muhammad Sharif, P. W. 14 are real brothers and Muhammad Nawaz, deceased, is the son of the latter. Two of the daughters of Inayat Ali, P. W. 12's real uncle are married to Ghulam Qadir and Khushi Muhammad, accused, respectively. The said Ghulam Qadir expressed his desire to marry his daughter Suraya…
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