Case Details

Citation(s)
1990 SLG 649 1990 SLD 649 1990 SCMR 496
Supreme Court of Pakistan
Criminal Petition No.88 of 1989, decision dated: 15-05-1989.
GHULAM MUJADDID AND SAAD SAOOD, JAN, JJ
Islam Ali Qureshi, Advocate Supreme Court and S. Abul Aasim Jafri, Advocate-on-Record for Petitioner. Nemo for the State.

MUHAMMAD BAKHSH

VS

THE STATE--Respondent

Law:

Section:

Penal Code (XLV of 1860)-----Ss.304, Part II, 325 & 323--Constitution of Pakistan (1973), Art.185(3)--­Contention that offence fell within purview of S.325, P.P.C. and not under S.304, Part 11 was repelled as same had not been substantiated by any material on record. ORDER GHULAM MUJADDID, J.--Muhammad Bakhsh son of Rahim Bakhsh, resident of Mauza Khanpur District Dera Ghazi Khan seeks leave to appeal against the judgment of the Lahore High Court, Multan Bench, dated 11-2-1989 whereby the appeal filed by him was dismissed and his conviction and sentence upheld. Rahim Bakhsh along with his two sons Muhammad Bakhsh and Mazar and one Ismail were tried by the Additional Sessions Judge, Muzaffargarh, for the murder of Muhammad Shafi and attempt to murder Yar Muhammad and Ghulam Hassan P.Ws. The occurrence in which the petitioner and co-accused were involved is alleged to have taken place on 15-7-1974 at 10/11 p.m. in the area of Chah Laluwala-cum-Khanpur which falls within the jurisdiction of Police Station Kot Chhutta. The trial Judge, by judgment dated 18-11-1976, acquitted Ismail and convicted the father and his two sons as follows:- (1) Rahim Bakhsh under section 323, P.P.C., sentenced to 3 (2) Mazar months' R.I. each. under section 544-A, Cr.P.C. fine Rs.100 as compensation to the injured person or in default one month R.I. each. (3) Muhammad Bakhsh) under section 3(14 Part 1T, P.P.C., sentenced to ten years' R.I. under section 544-A, Cr.P.C. fine of Rs.1,000 as compensation to the heirs of the deceased, or in…
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