| Citation(s) |
|---|
| 1972 SLG 321 1972 SLD 321 1972 SCMR 591 |
Supreme Court of Pakistan
Petition for Special Leave to Appeal No. 40-P of 1972, decision dated: 8th December 1972.(On appeal from the judgment and order of Peshawar High Court, dated 5th May 1971, passed in Criminal Appeal No. 181 of 1970)
HAMOODUR RAHMAN, C.J. AND ANWARUL HAQ, J
Ashiq Hussain, Advocate instructed by M. Qasim Imam, Advocate-on-Record for Petitioner. Nemo for the State.
Petition for Special Leave to Appeal No. 40-P of 1972, decision dated: 8th December 1972.(On appeal from the judgment and order of Peshawar High Court, dated 5th May 1971, passed in Criminal Appeal No. 181 of 1970)
HAMOODUR RAHMAN, C.J. AND ANWARUL HAQ, J
Ashiq Hussain, Advocate instructed by M. Qasim Imam, Advocate-on-Record for Petitioner. Nemo for the State.
MASAM
VS
THE STATE--Respondent
Law:
Section:
Penal Code (XLV of 1860), S. 302-Murder-No previous enmity between parties-Incident reported at police station without avoidable delay-Petitioner named as culprit at earliest opportunity-High Court finding prosecution case fully established-Petition for leave to appeal rejected-Constitution of Pakistan (1962), Art. 58(3). ORDER ANWARUL HAQ, J.-By this petition for special leave to appeal Masam Khan seeks to call in question his conviction under section 302, P. P. C. by the learned Sessions Judge, Peshawar, and upheld by the High Court. However, the sentence of death awarded by the trial Court was not confirmed and instead was replaced by transportation for life. The petitioner was tried along with his brother Sher Bahadur who was acquitted. Briefly, the allegations against the petitioner were; that at 9 a.m. on the 14th of December 1965, he caused the death of a young man named Sahib Shah, son of Amir Shah (1'. W. 6), by firing at him three or four shots from his tamancha, while the deceased and his father were going towards minor canal No. 6. The petitioner's brother, Sher Bahadur, was also said to be present at the scene of occurrence and he threatened Amir Shah not to go to the rescue of his son. The occurrence was said to have been witnessed by one Nisar. Soon after the incident the petitioner and his brother were seen going towards the village by Naeem Shah, Gut Shah Zarin and Abdul Saeed. The matter was reported at Police Station Khan Mal, a distance of four or five miles, at 10-10 a.m. The petitioner absconded after the occurrence area was arrested nearly four years later on 9-8-69. The motive for the crime was stated to be the resentment of the petitioner and his brother Sher Bahadur at the maligning campaign started by the deceased to the effect that Sher Bahadur had gone back on art, undertaking to marry his daughter Mst. Benazira to the deceased in lieu of free services rendered by the deceased to Sher Bahidur for the last four years, and that Sher Bahadur had instead betrothed the girl to one Ajun of village Galyara. At the trial the prosecution case was supported by Amir Shah, the father of the deceased, Abdul Saeed, Gut Shah Zarin and Naeem Shah,…
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