| Citation(s) |
|---|
| 1981 SLG 3023 = 1981 SLD 3023 = 1981 SCMR 278 |
Supreme Court of Pakistan
Criminal Appeal No. K-25 of 1974, decided on 30th January, 1980. (On appeal from the judgment dated 26th June, 1973 of the erstwhile High Court of Sind & Baluchistan at Karachi, in Criminal Appeal No. 403 of 1.971 and Confirmation Case No. 3 of 1972).
Presented By: Anwarul Haq, C. J., G. Safdar Shah and Nasim Hasan Shah, JJ
Noor Ahmad Noori, Advocate-on-Record Supreme Court for Appellant. M. Hayat Junejo, Senior Advocate Supreme Court instructed by A. A. Dastgir, Advocate-on-Record for
Respondent No. 1. Usman-i-Ghani, Advocate-General (Sind) instructed by S. M. Abbas Advocate- on-Record for the State.
Criminal Appeal No. K-25 of 1974, decided on 30th January, 1980. (On appeal from the judgment dated 26th June, 1973 of the erstwhile High Court of Sind & Baluchistan at Karachi, in Criminal Appeal No. 403 of 1.971 and Confirmation Case No. 3 of 1972).
Presented By: Anwarul Haq, C. J., G. Safdar Shah and Nasim Hasan Shah, JJ
Noor Ahmad Noori, Advocate-on-Record Supreme Court for Appellant. M. Hayat Junejo, Senior Advocate Supreme Court instructed by A. A. Dastgir, Advocate-on-Record for
Respondent No. 1. Usman-i-Ghani, Advocate-General (Sind) instructed by S. M. Abbas Advocate- on-Record for the State.
ILLAHI BAKHSH DAHRI-.Appellant
VERSUS
MUHAMMAD SIDDIK AND ANOTHER-Respondents
Law: Penal Code (XLV of 1860)
Section: 302
Law: Criminal Procedure Code (V of 1898)
Section: 417
Penal Code (XLV of 1860) S. 302 read with Criminal Procedure Code (V of 1898), S. 417----Murder-Appeal against acquittal-Evidence of disinterested witness chasing and capturing accused, and producing him before Court, held, natural and sufficient to establish prosecution case-Appeal accepted but imposition of lesser penalty (transportation for life) considered sufficient for ends of justice in circumstances.-[Appeal against acquittal]. Date of hearing : 16th January, 1980. JUDGMENT NASIM HASAN SHAH, J. This appeal by Special leave is directed against the judgment and order dated 26-6-1973 passed by the former High Court of Sind & Baluchistan at Karachi in Criminal Appeal No. 403 of 1971 and Confirmation Case No. 3 of 1972, whereby the appeal of respondent No. 1 (Muhammad Siddik son of Abdur Rashid Dahri) was allowed (by majority) and his conviction under section 302, P. P. C. and sentence of death passed against him was set aside and he was set at liberty. The facts which form the background briefly stated are that Abdur Rashid son of Muhammad Siddik, respondent No. 1, had been murdered. Muhammad Siddik (respondent No. 1) suspected Ghulam Kader to have conspired with…