| Citation(s) |
|---|
| 1983 SLG 271 1983 SLD 271 1983 SCMR 322 |
Supreme Court of Pakistan
Criminal Appeal No. 3 P/1978 and Criminal Petition No. 17 P, of 1978, decision dated: 10-11-1982, hearing DATE : 13-11-1982
ASLAM RIAZ HUSSAIN, ACTG. C.J., S. A. NUSRAT AND ZAFFAR HUSSAIN MIRZA, JJ
Ishaq Kundi, Advocate Supreme Court with M. Qasim Imam, Advocate-on-Record for Appellant (in Cr. A. No. 3 P of 1978). M. Amir Zada Khan, Advocate on-Record for Petitioner (in Cr. P. No. 17 P of 1978).Sahibzada Akhtar Mahmood, Assistant Advocate General
Criminal Appeal No. 3 P/1978 and Criminal Petition No. 17 P, of 1978, decision dated: 10-11-1982, hearing DATE : 13-11-1982
ASLAM RIAZ HUSSAIN, ACTG. C.J., S. A. NUSRAT AND ZAFFAR HUSSAIN MIRZA, JJ
Ishaq Kundi, Advocate Supreme Court with M. Qasim Imam, Advocate-on-Record for Appellant (in Cr. A. No. 3 P of 1978). M. Amir Zada Khan, Advocate on-Record for Petitioner (in Cr. P. No. 17 P of 1978).Sahibzada Akhtar Mahmood, Assistant Advocate General
ALLAH DITTA
VS
THE STATE AND MUHAMMAD ASHIQ vs THE STATE
Law:
Section:
(a) Penal Code (XLV of 1860) -- S. 302 Evidence Act (I of 1872), S. 32 Murder Dying declara¬tion Deceased making one dying declaration having not been critically injured and living for 20 days Deceased making another dying declaration which was attested by doctor whose signature got proved Both dying declarations substantially giving same version except that second declaration .given in detail and difference between two not material Deceased having no previous enmity with accused to induce him to substitute accused for real assailant Occurrence taking place at day time and solitary gunshot injury attributed to accused by name High Court relying upon two dying declarations as being true Conclusion that two dying declarations brought home guilt to accused alone, held, quite justified. [Dying declaration]. (b) Penal Code (XLV of 1860) ----S. 302 Murder Sentence Offence committed in 'vindication of fancily honour Sentence reduced from death to imprisonment for life.¬[Sentence]. (c) Penal Code (XLV of 1860) -- ---S. 302 Murder Evidence on record not showing that charge of murder brought home against accused beyond reasonable doubt Petition against acquittal dismissed. JUDGMENT ASLAM RIAZ HUSSAIN, ACTG. C. J. This judgment will dispose of Criminal Appeal No. 3 P of 1978 filed by Allah Bakhah against his conviction and sentence under section 302, P. P. C. and Criminal Petition No. 17 P of 1978 filed by Muhammad Ashiq against the acquittal of Elahi Bakhsh and Shah Nawaz co accused of Allah Bakhsh, by the Peshawar High Court vide the impugned judgment, dated 14 2 1978. 2. The occurrence in this case took place at about sunrise time on 15 11 1975 in the area of Village Rangpur Janoobi, P. S. Paroa, District D. I. Khan. The F. I. R. was lodged by Sawan, one of the deceased, who was carried to the Police Station Paroa while he was still alive. It was recorded by Sharifullah, S. H. O. (P. W. 16) at 2 p.m. After his death statement (Ex. P.A.) of Sawan was used as dying declaration. He has stated therein that on the morning of the incident he. and A3iah Ditta (deceased) were returning to their village from Village Rora. Wher they reached the land of Sona Khan and Haji Shah…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492