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1985 MLD 1037

LAL MASIH and 3 others vs THE STATE

Citation1985 MLD 1037
CourtLahore High Court
Case No.Criminal Appeal No, 752 of 1975
Date1985-07-01
Judge(s)Muhammad Munir Khan
ResultAppeal partly accepted

' This Criminal Appeal arises from the judgment of learned Magistrate Section 30, Narowal whereby he on 18-8-1975 convicted Lal Masih, Sucha Masih, Nazar Masih and Sadiq Masih appellants under section 307, P.P.C. And sentenced them to seven years' R.I. And a fine of Rs,500 in default thereof three months' R.I.

2. The case was called. Neither the appellants nor their learned counsel entered appearance.

3. No doubt Lal Masih has died but since he was also awarded fine of Rs,500 the appeal even to his extent does not abate. I proceed to dispose of the appeal with the assistance of learned counsel for the State.

4. I have examined the evidence on record and the judgment of the trial Court with care. I find that there is ample reliable evidence more particularly the statement made by Inayat P.W. The injured person to prove that the appellants had launched murderous assault on Inayat P.W. And his father Sardar and that there is no reasonable possibility of the defence version being true. The learned trial Court has applied its conscious mind to the relevant evidence and given sound and cogent reasons in support of its decision. For all these reasons no exception can be taken to the conviction of the appellants.

5. This brings me to the question of sentence. In the circumstance that the occurrence took place in the year 1970; that the appellants remained in jail for some time as under trial prisoner; that the trial concluded in the year 1975; that during the occurrence Nazar appellant/ accused and his mother Mst. Nemo also received injuries including one grievous injury on the person of Mst. Nemo and that the appellants remained in jail for about two months after their conviction, I am of the

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