| Citation(s) |
|---|
| 1984 SLG 1007 1984 SLD 1007 1984 SCMR 1523 |
Supreme Court of Pakistan
Jail Petition for Leave to Appeal No. 8-R of 1983, decision dated: 26-06-1984 (Against the judgment of the High Court of Sind Karachi, dated 24-8-1982, passed in Confirmation Case No. 7 of 1982 and Criminal Appeal No. 23 of 1982)
ASLAM RIAZ HUSSAIN, ABDUL KADIR SHAIKH AND M.S.H. QURAISHI, JJ
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Jail Petition for Leave to Appeal No. 8-R of 1983, decision dated: 26-06-1984 (Against the judgment of the High Court of Sind Karachi, dated 24-8-1982, passed in Confirmation Case No. 7 of 1982 and Criminal Appeal No. 23 of 1982)
ASLAM RIAZ HUSSAIN, ABDUL KADIR SHAIKH AND M.S.H. QURAISHI, JJ
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MUHAMMAD AMIR alias Meera
VS
. THE STATE--Respondent
Law:
Section:
Constitution of Pakistan (1973)-----Art. 185(3)--Penal Code (XLV of 1860), S.302--Murder--Gruesome murder wherein convict-petitioner gave repeated knife blows to deceased causing three incised injuries on his chest over a trivial matter--Held, petitioner was rightly awarded major penalty--Leave to appeal refused. Fazal Elahi Siddiqui, Advocate Supreme Court for Petitioner. Nemo for the State. Date of hearing: 26th June, 1984. ORDER ASLAM RIAZ HUSSAIN, J.-- This Jail Petition by Muhammad Amin is directed against the judgment of the High Court, dated 24-8-1982, dismissing his appeal in a murder case. 2. Muhammad Amir petitioner was tried for the murder of Khan Muhammad alias Satti. The occurrence took place on 31-1-1978 at 8-45 a.m. at Haji Camp Road, Karachi. The F.I.R. was lodged by Mian Muhammad P.W. 1 (brother of the deceased) at Police Station, Kalakot, Karachi, at 10 a.m. on the same day which was recorded by Hamid Hussain S.H.O. 3. According to the prosecution version the petitioner had borrowed Rs. 300 from the deceased. A day prior to the occurrence he demanded the money from the petitioner who abused him. On the following day at about 8-45 a.m. the two happened to meet each other in the bazar and there was an exchange of abuses between them over the same issue, when the accused suddenly stabbed the deceased with a knife, causing him injuries on the left side of the chest. The incident was also witnessed by Abdul Ghafoor, Islamuddin, Haji Yaqoob and Soomar. The accused managed to disappear taking away the knife with him. Thereafter Abdul Ghafoor and Islamuddin helped the complainant remove his injured brother to the Civil Hospital. After a shortwhile of their arrival there, the doctor announced that the deceased had expired. The complainant then went to the Police Station Kalakot and lodged the F.I.R. No incriminating recovery was made from the accused-petitioner and the prosecution case rested merely on the evidence of 4 eyewitnesses, namely, Mian…
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