| Citation(s) |
|---|
| 1975 SLG 3084 = 1975 SLD 3084 = 1975 PLD 275 |
Court of Special Judge, Karachi
Criminal Appeal No. K-22 of 1973, decided on 1st April 1975. (On appeal from the judgment and order of the High Court of Sind & Baluchistan, Karachi, dated tie 10th August 1971 in Criminal Appeal No. 239 of 1970/Confirmation Case No. 35 of 1970).
Presented By: Hamoodur Rahman, C. J., Salahuddin Ahmed and Muhammad Afzal Cheema, JJ
Mohammad Hayat Junejo, Advocate Supreme Court instructed by A. Aziz Dastgir, Advocate-on-Record (absent) for Appellant. Usman Ghani Rashid, Assistant Advocate-General (Sind) instructed by Mrs. Rashida Patel. Advocate-on-Record for the State.
Criminal Appeal No. K-22 of 1973, decided on 1st April 1975. (On appeal from the judgment and order of the High Court of Sind & Baluchistan, Karachi, dated tie 10th August 1971 in Criminal Appeal No. 239 of 1970/Confirmation Case No. 35 of 1970).
Presented By: Hamoodur Rahman, C. J., Salahuddin Ahmed and Muhammad Afzal Cheema, JJ
Mohammad Hayat Junejo, Advocate Supreme Court instructed by A. Aziz Dastgir, Advocate-on-Record (absent) for Appellant. Usman Ghani Rashid, Assistant Advocate-General (Sind) instructed by Mrs. Rashida Patel. Advocate-on-Record for the State.
ABDUL REHMAN-Appellant
VERSUS
THE STATE-Respondent
Law: Penal Code (XLV of 1860)
Section: 302, 300, 304
Law: Evidence Act (I of 1872)
Section: 9, 32
Law: Criminal Procedure Code (V of 1898)
Section: 154
(a) Penal Code (XLV of 1860) S. 302 read with S. 300, Exception I & S. 304, Part I- Murder-Private defence, right of--grave and sudden provoca tion--Deceased police officers while making confidential inquiries interrupted by accused and not leaving place despite being justifiably asked to do so-Altercation between pasties and use of abusive language-Accused stabbing both victims with knife culminating in their death--Direct ocular evidence supported by medical evidence, dying declaration, recovery of incriminating articles and accused's attempted abscondence while fleeing to another Province-Offence of double murder, held, proved-Both deceased young and well built and unlikely to have readily and passively courted death at hands of a single assailant if alone they were acme-Nothing on record showing deceased having first attacked accused--injury on accused's arm suppressed by accused at time of his arrest and no explanation given of how it came to be received-Self-defence neither pleaded nor even remotely suggested-injury on accused's arm likely to have been caused with his own knife while grappling with deceased-Explanation of injury coupled with absence of specific plea of self-defence considered in light of testimony of eye-witnesses, held, takes case cut of principle laid down in Safdar Ali's case P L D 1952 F C 238-Possibility of deceased having used strong language and accused reacting violently however not excluded--Accused, as such, held, deserved lesser penalty of imprisonment for life under S. 304, Part I-- [Sulahuddin Ahmed and Muhammad Afzal Cheema, JJ. concurring and Hamoodur Rahman, C. J. contra]. Per Salahuddin Ahmad, J.-Save the silence of the spot witnesses about the injury upon the arm of the appellant, there is absolutely nothing to indicate that the two deceased police officers had made any attack upon the appellant with any weapon. No such weapon was recovered either from the spot or from the possession of any of the deceased police officers. The slight injury upon the arm of the appellant might very well be the result of grappling between the appellant and the deceased Assistant Sub-Inspector/ the deceased…