| Citation(s) |
|---|
| 1964 SLG 181 1964 SLD 181 1964 PLD 177 |
Supreme Court of Pakistan
Criminal Appeals Nos. 60 and 61 of 1963, decision dated: 6th February 1964. dates of hearing : 20th and 23rd December 1963
A. R. CORNELIUS, C.J., FAZLEAKBAR AND B. Z. KAIKAUS, JJ
Mahmud Ali Senior Advocate Supreme Court (Rafiq Ahmad Sheikh Advocate Supreme Court with him) instructed by Siddiq & Company Attorneys for Appellant (in Cr. A. No. 60 of 1963). Rustam S. Sidhwa Advocate Supreme Court instructed by Ijaz Ali Attorney for th
Criminal Appeals Nos. 60 and 61 of 1963, decision dated: 6th February 1964. dates of hearing : 20th and 23rd December 1963
A. R. CORNELIUS, C.J., FAZLEAKBAR AND B. Z. KAIKAUS, JJ
Mahmud Ali Senior Advocate Supreme Court (Rafiq Ahmad Sheikh Advocate Supreme Court with him) instructed by Siddiq & Company Attorneys for Appellant (in Cr. A. No. 60 of 1963). Rustam S. Sidhwa Advocate Supreme Court instructed by Ijaz Ali Attorney for th
Criminal Appeal No. 60 of 1963 SHIHAB DIN
VS
THE STATE AND Criminal Appeal No. 61 of 1963 MITHU alias MITHA vs THE STATE
Law: Pakistan Penal Code, 1860
Section: 148,302,300,447,307
(a) Special leave to appeal to Supreme Court---------Granted to consider whether offence fell under S. 302 or S. 304, Pakistan Penal Code (XLV of 1860)-(Question important and difficult-Very rarely resolvable without careful appreciation of evidence and circumstances of case). (b) Special leave to appeal to Supreme Court------ ----Granted to consider whether "common intention" under S. 34, Pakistan Penal Code (XLV of 1860), had been brought home to accused-(Examination, by Supreme Court, of evidence and circumstances of offence inevitable). (c) Criminal trial------ --- - Witnesses - Relationship does not necessarily render statements doubtful-Presence of witnesses at occurrence proved (by fact of injuries on their persons) and number of persons accused not out of proportion to nature of enterprise and results produced-Witnesses entitled to be believed. (d) Criminal trial------ ---Injuries on persons of accused-Rule "confining" convictions to such accused, "too frequently applied to detriment of justice"-Injuries not sole or final test of guilt. (e) Penal Code (XLV of 1860)------ ----S. 34-Knife taken out of dab by one accused at spur of moment-Death caused by knife injuries, an individual act. (f) Sentence-(Murder)------ ---Deceased person in "legal" possession of land as tenant but giving his lessor to understand that he would restore possession after land was free from crops-Lessor entering on land when it was free from crops and ploughing same-Deceased interfering with ploughing-Lessor reacting with fatal blows on deceased with knife-Offence, held, did not merit extreme penalty (by majority; Kaikaus, J. contra on facts). (g) Penal Code (XLV of 1860)---- ----Ss. 302 & 307-Accused's act in killing deceased individual and sudden-Accused becoming victim of "concerted attack" by deceased's companions, causing vital injuries to such companions-Conviction of accused under S. 307, in addition to conviction under S. 302, held, unjustified. (h) Penal Code (XLV of 1860)------ ----S. 447-Intention to intimidate, insult or annoy--Not established where there was justification for entering upon land (e.g., when tenant had given his lessor to understand that he…
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