| Citation(s) |
|---|
| 1969 SLG 258 1969 SLD 258 1969 PCRLJ 1193 |
Supreme Court of Pakistan
Criminal Appeal No. 3-D of 1959, decision dated: 21st May 1959.(On appeal from the judgment and order of the High Court of West Pakistan. Dacca dated the 22nd December 1958, in Appeal No. 422 of 1957, read with Criminal Appeal No. 423 of 195 ).
MUHAMMAD MUNIR, C.J., M. SHAHABUDDIN, A. R. CORNELIUS AND AMIRUDDIN AHMAD, JJ
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Criminal Appeal No. 3-D of 1959, decision dated: 21st May 1959.(On appeal from the judgment and order of the High Court of West Pakistan. Dacca dated the 22nd December 1958, in Appeal No. 422 of 1957, read with Criminal Appeal No. 423 of 195 ).
MUHAMMAD MUNIR, C.J., M. SHAHABUDDIN, A. R. CORNELIUS AND AMIRUDDIN AHMAD, JJ
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FAKKU MIA alias MOTAHAR
VS
TH STATE FAKKU MIA alias MOTAHAR vs TH STATE
Law:
Section:
Penal Cole (XLV of 1860)------S. 120-B-Conspiracy to commit murder-Evidence as to conspiracy by chance witnesses and eaves droppers-Not relied upon. Hamidul Hague Chowdhury, Senior Advocate Supreme Court (A. K. M. Nurul Islam, Advocate Supreme Court with him) instructed by A. M. Chowdhury, Attorney for Appellant. B. A. Siddiki, Advocate-General East Pakistan (S. Abdul Ghani, Advocate Supreme Court with him) instructed by Siddik Ahmad Chowdhury, Attorney for the State. Date of hearing : 16th May 1959. JUDGMENT MUHAMMAD MUNIR, C. J.-This is an appeal by special leave in a criminal matter. The appellant Fakku Mia, has been sentenced to transportation for life under section 120-B read with section 302 of the Pakistan Penal Code for having conspired with some other persons to commit the murder of Hashim Ali. There was a bitter rivalry between the appellant and the deceased over Union Board elections, the last election having brought victory to the latter and defeat to the former. The deceased was brutally murdered in his own house in Padri Sibpur on the night of the January 1954. The murderers also committed dacoity in the house. For this dacoity accompanied with murder some persons were tried but they were all acquitted. The appellant with some others was separately tried on the charge of conspiracy to murder and convicted. The evidence against the appellant has been examined in great detail in the High Court where most of the evidence produced by the prosecution has been rejected and the only evidence accepted is that of the witnesses who state that on several occasions the deceased had said that he apprehended danger to his life from the appellant, and of two other witnesses which relates to the alleged conspiracy. As the persons who are alleged to have committed the murder have all been acquitted it must be held that the murder is not proved to have been committed in pursuance of the…
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