| Citation(s) |
|---|
| 1983 SLG 370 1983 SLD 370 1983 PLD 70 |
Supreme Court of Pakistan
Criminal Appeal No. 3-P and Criminal Petition No. 17-P of 1978, decision dated: 13-11-1982.
ASLANT 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/78). M. Amirzada Khan, Advocate-on-Record (in Cr. P. 17-P of 1978). Sahibzada Akhtar Mahmood, Advocate Supreme Court with Nur Ahmad Khan, Advocat
Criminal Appeal No. 3-P and Criminal Petition No. 17-P of 1978, decision dated: 13-11-1982.
ASLANT 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/78). M. Amirzada Khan, Advocate-on-Record (in Cr. P. 17-P of 1978). Sahibzada Akhtar Mahmood, Advocate Supreme Court with Nur Ahmad Khan, Advocat
ALLAH BAKHSH
VS
The STATE
Law:
Section:
Penal Code (XLV of 1860)-- S. 302-[Murder-case]-Appreciation of evidence--Deceased remaining alive for 20 days after receiving injury hence apparently not critically injured and fit to make statement when taken to police station Second dying declaration recorded at District Headquarters Hospital attested by Doctor-Dying declaration giving substantially same version excepting first declaration being more detailed-Solitary gunshot injury on front side of deceased's chest showing deceased having turned towards assailants when his companion told him of their being followed by accused-Injury being charred, firing took place from very close quarters-Occurrence having taken place. at day time deceased must have seen and identified assailant-No enmity of deceased with appellant AB alleged so as to induce him to substitute appellant AB for real culprit-Deceased having attributed firing to appellant AB alone and denying to be able to say as to who fired other shot-Conclusion of High Court that evidence brought home guilt to appellant AB alone, held, quite justified and even if other accused EB and SN deemed to have been with accused AB it could not be said with certainty that they too showed intention to kill deceased-Appellant having shot in vindication of his family honour, sentence of death reduced to one of transportation for life.[Evidence]. JUDGMENT ASLAM RIAZ HUSSAIN, ACTG. C. J.-This judgment will dispose of Criminal Appeal No. 3-P of 1978 filed by Allah Bakhsh 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. 1. R. was lodged by Sawan, one of the deceased, who was carried to the Police Station, Paroa while he was still alive. 1t was recorded by Sharifullah, S. H. O. (P. W. 16) at 2 p. m. After his death statement (Exh. P. A.) of Sawan was used as dying declaration. He has stated…
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