| Citation(s) |
|---|
| 1992 SLG 2023 1992 SLD 2023 1992 PLJ 302 |
Lahore High Court
Criminal Appeal No. 17 of 1991, accepted on 29.3.1992
ABDUL KARIM KHAN KUNDI, J
Mr, Muhammad Aslant Khan, Advocate for Appellants. Mr. Ejaz Muhammad Khan, A.A.G. for State. Date of hearing: 29.3.1992.
Criminal Appeal No. 17 of 1991, accepted on 29.3.1992
ABDUL KARIM KHAN KUNDI, J
Mr, Muhammad Aslant Khan, Advocate for Appellants. Mr. Ejaz Muhammad Khan, A.A.G. for State. Date of hearing: 29.3.1992.
NAZAR ALI and another--Appellants
VS
THE STATE--Respondents
Law: Pakistan Penal Code, 1860
Section: 310,311
Pakistan Penal Code, 1860 (XLV of 1860)-- —Ss. 310 and 311 as incorporated through Qisas and Diyat Ordinance--<2o//-e- Amd~Otfence of--Compounding of--Conviction under roz/r-Challenge to~ Appellants did not plead guilty and claimed trial-Court id not record evidence, but only recorded statements of Walls of deceased and local gentry on point of composition of offence-There was no legal evidence brought on record spelling out facts and ircumstances o make trial court believe that it was a gruesome murder committed by brothers on a petty matter and that they deserved a Tazir punishment-Held: Failure to question an accused about circumstances against im, amounts to total failure of justice and trial is vitiated-Held further: Conviction and sentence of appellants as Tazir under Section 311 PPC were wholly illegal and un-warranted in facts and circumstances of ase-Appeal accepted. . [Pp.303304]AB Pakistan Penal Code, 1860 (XLV of 1860)-- —Ss. 310 and 311 as…
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