Case Details

Citation(s)
1984 SLG 993 1984 SLD 993 1984 SCMR 1503
Supreme Court of Pakistan
Jail Petition No.14-R of 1983, decision dated: 19-06-1984 (Against the judgment of the Lahore High Court, Multan Bench. Multan, dated 10-5-1982, passed in Crl. Appeal No. 902/79.and M.Ref. No. 309 of 1979)
ASLAM RIAZ HUSSAIN, ABDUR QADIR SHAIKH AND M.S.H. QURAISHI, JJ

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TAJ HUSSAIN

VS

. THE STATE--Respondent

Law:

Section:

Constitution of Pakistan (1973)-----Art.185(3)--Penal Code (XLV of 1860), S.302--Murder--Guilt squarely brought home to convict-petitioner through evidence of eye-witnesses--No case made out for leave to appeal--Petition dismissed. Agha Aziz Ahmad Khan, Advocate Supreme Court for Petitioner. Nemo for the State. Date of hearing: 19th June, 1984. ORDER ASLAM RIAZ HUSSAIN, J.-- This Jail Petition by Taj Hussain is directed against the judgment of the Lahore High Court, Multan Bench, Multan dated 10-5-1982, dismissing his appeal in a murder case and confirming his death sentence. Taj Hussain was accused of the murder of his father Alam Din (aged 75 years): his mother Mat. Resham Bibi (70 years) and making a murderous assault on his sister-in-law, Mst. Irshad Begum P.W.4 (aged 30 years) on 24-4-1977. 2. Motive for the offence is stated to be that Alam Din, father of the accused-petitioner owned 6 acres of land, which was cultivated by Alam Din deceased and his son Bashir Ahmad, P_W_ Tai Hussain petitioner was a vagabond and would not do any work. He was therefore refused his share of land by his father. As a result the petitioner devolved a grudge against his father. The prosecution version, briefly, is that at about Isha Prayer time on 24-4-1977, the petitioner who was armed with hatchet, gave blows with it to Alam Din on his head and neck and killed him there and then. His mother Mst. Resham Bibi, also happened to come there and the petitioner also gave a hatchet blow to her and killed her. Mst. Irshad Begum, the wife of his brother saw the occurrence. She got terrified and wanted to escape, but the petitioner took out a knife from his dubb and gave a knife blow on her abdomen. The F.I.R. was lodged by Ghulam Nabi (P.W.3) on the same day soon after the occurrence. The petitioner was arrested and blood­stained hatchet (P.1) and a broken knife (P.3) were recovered from him. Apart from Mst. Irshad Begum P.W.4, who was injured during the…
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