| Citation(s) |
|---|
| 1973 SLG 165 1973 SLD 165 1973 SCMR 528 |
Supreme Court of Pakistan
Criminal Appeal No. 3 of 1973, decision dated: 13th June 1973.(On appeal from the judgment and order of the Lahore High Court Bahawalpur Circuit, Baghdad-ul-Jadid, dated the 20th March 1972, in Criminal Appeal No. 260 of 1970/Murder Reference No. 158 of 1
MUHAMMAD YAQUB ALI, ACTG. C.J., SALAHUDDIN AHMED AND MUHAMMAD GUL, JJ
Mian Nusratullah, Advocate Supreme Court for Appellant. Nemat Khan, Advocate Supreme Court instructed by Sh. Ijaz Ali, Advocate-on-Record for the State
Criminal Appeal No. 3 of 1973, decision dated: 13th June 1973.(On appeal from the judgment and order of the Lahore High Court Bahawalpur Circuit, Baghdad-ul-Jadid, dated the 20th March 1972, in Criminal Appeal No. 260 of 1970/Murder Reference No. 158 of 1
MUHAMMAD YAQUB ALI, ACTG. C.J., SALAHUDDIN AHMED AND MUHAMMAD GUL, JJ
Mian Nusratullah, Advocate Supreme Court for Appellant. Nemat Khan, Advocate Supreme Court instructed by Sh. Ijaz Ali, Advocate-on-Record for the State
NIAZ
VS
THE STATE
Law:
Section:
(a) Penal Code (XLV of 1860), Ss. 366, 376, 302 & 307Abduction-Murder-Accused abducting deceased's daughter while girl working with her sister in her father's field, carrying her away on mare's back, and on being pursued shooting girl's father to death and injuring another pursuer-Both girls natural witnesses of occurrence, having no previous enmity with accused-Presence of girl witnesses proved by reliable evidence-Accused having motive to abduct girl witness-Abduction of girl and her subsequent recovery from accused fully supporting evidence of prosecution witnessesMedical evidence supporting prosecution story with regard to carrying away of girl on mare's back and shooting pursuers with gun Interference with conviction declined In circumstances. (b) Evidence-Appreciation of-Evidence of eye-witnesses not relied upon by lower Court in respect of some accused-Cases of such accused, however, distinguishable from that of appellant and deserving benefit of doubt on basis of certain matters on record-Prosecution case, held, not affected or falsified due to acquittal of other accused on such grounds. JUDGMENT SALAHUDDIN AHMED, J.-This appeal by special leave is from the Judgment and order of a Division Bench of the Lahore High Court, Bahawalpur Circuit, maintaining the conviction of appellant Niaz under sections 302/307/366/376 of the Pakistan Penal Code, and confirming the sentence of death passed on him under section 302 of the Code, and maintaining the sentences of 7 years, 5 years and 4 years rigorous imprisonment respectively under sections 307, 366 and 376 of the code. The occurrence took place in an open field in Mauza Sohail Singh situated at a distance of 12 miles from Police Station Minch. in the District of Bahawalnagar on the :,rd of December 1967, at Peshiwela (about 2/3 p. m.). A first information report was promptly lodged with the said police station by P. W. 14 Noor Ahmad, brother of Wah Muhammad deceased, on the same day at 6-15 p. m. The prosecution story is that Wali Mohammad had two daughters, P. Ws. Mst. Said Begum, who was married, and Mst. Arshan, t 8/ 19 years old who was unmarried at the time. The appellant was a married person,…
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