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1984 SCMR 445

KHAN MUHAMMAD alias MUHAMMAD KHAN alias KALU vs THE STATE

Citation1984 SCMR 445
CourtSupreme Court of Pakistan
Judge(s)Nasim Hasan Shah, Aslam Riaz Hussain, Zaffar Hussain Mirza, Abdul Qadir
ResultAppeal dismissed

' ASLAM RIAZ HUSSAIN, J.-This is a Jail Appeal by Khan Muhammad against his conviction and sentence under section 302, P. P. C. He was accused alongwitli Shah Behram, Shah Muhammad and Imam Ali, for the murder of Alam Din. Imam Ali, who absconded after the concurrence was declared as a proclaimed offender. As such the case of the remaining accused including the appellant was separated and they were tried separately.

' The learned trial Court (Sessions Judge, Bahawalpur) convicted all three of them under section 302/34, P. P. C. And sentenced each of them to imprisonment for life with a fine of Rs, 1,000 or in default to further undergo one year's R. I.

2. All the three filed an appeal before the High Court, which acquitted Shah Muhammad, but dismissed the appeal of the appellant vide the impugned judgment. He filed a petition for leave to appeal through Jail and leave was granted to him by this Court on 2-7-1978 for reappraisal of evidence.

3. We have heard the learned counsel for the appellant as well as the learned State counsel who have taken us through the relevant petitions of the evidence on the record. After reappraising the evidence we are the considered view that the High Court was justified in maintaining the conviction and upholding the sentence of Khan Muhammad appellant.

' The appeal is, therefore, dismissed.

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