| Citation(s) |
|---|
| 1969 SLG 201 1969 SLD 201 1969 SCMR 510 |
Supreme Court of Pakistan
Criminal Appeal No. 24 of 1954, decided on 26th November 1954. DATE of hearing : 26th November 1954, (On appeal from the judgment and order of the Chief Court of Sind, dated the 11th January 1954, in Criminal Appeal No. 371 of 1953/Confirmation Case No. 5
MUHAMMAD MUNIR, C.J., A. S. M. AKRAM AND M. SHAHABUDDIN, JJ
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Criminal Appeal No. 24 of 1954, decided on 26th November 1954. DATE of hearing : 26th November 1954, (On appeal from the judgment and order of the Chief Court of Sind, dated the 11th January 1954, in Criminal Appeal No. 371 of 1953/Confirmation Case No. 5
MUHAMMAD MUNIR, C.J., A. S. M. AKRAM AND M. SHAHABUDDIN, JJ
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SOOMAR
VS
THE CROWN
Law:
Section:
Penal Code (XLV of 1860)------ S. 302-Evidence regarding extra judicial confession, motive for crime and recovery of crime weapon not relied upon-Conviction under section nonetheless upheld. Mahmud Ali, Advocate Federal Court for Appellant. Jamil Hussain Rizvi, Advocate Federal Court instructed by S. Zahir Abbas, Attorney for Respondent. Date of hearing : 26th November 1954. JUDGMENT AKRAM, J.-This appeal, with our leave, is from a judgment of the Chief Court of Sind, dismissing the appeal of Soomar appellant (Appeal No. 371 of 1953) and confirming the conviction and the sentence of death passed upon him by the Additional Sessions Judge, Nawabshah, for causing the death of Mst. Qaima, appellant's step sister, by inflicting injuries upon her with a hatchet. Briefly stated, the case for the prosecution was that the appellant's father Ratnzan had a daughter by one other wife Mst, Jamul ; that this daughter, namely, Mst. Qaima, was married to one Jurio ; that all these persons lived in village Jiando Chandio ; that on 9-11-1952, the appellant asked Mst. Jamul to allow her daughter Mst. Qaima to go with the appellant to village Lakhat, a few miles away, for the purpose of visiting some relatives there ; that on Mst. Jamul's giving her permission, the appellant and Mst. Qaima started together for Lakhat early in the morning ; that at about one and a half pehar after sunrise, the appellant returned to his village Jiando Chandio alone, went to his cousin Wahab (D. W. 1) confessed to him that he had killed his stepsister Mst. Qaima and suggested that Wahab must take him to the Police Station ; that accordingly Wahab and Ahmad, another cousin of the appellant, took him to the Police Station where he made a statement before the Sub-Inspector Mr. Gehimal, who on recording his statement arrested him, secured his blood-stained clothes and a hatchet and recovered the dead body of Mst. Qaima from a place pointed out by the appellant. The defence of the appellant was that he was falsely implicated by his cousin Saffar (P. W. 6) who had illicit connection with Mst. Jamul and wanted to stifle…
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