MUHAMMAD SHAFI vs The STATE — 1971 SCMR 229

Citation: 1971 SCMR 229

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: MUHAMMAD SHAFI vs The STATE

Headnotes

Case cited as 1971 SCMR 229

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title: MUHAMMAD SHAFI vs The STATE Case No.:Criminal Appeal No. 67 of 1970 Criminal Appeal No. 9 of 1969 Criminal JUDGMENT Reported As: 1971 SCMR 229 Result: Appeal dismissed Judgment JUDGMENT MUHAMMAD YAQUB ALI, J.-Muhammad Shafi, appellant, aged 26 years, was tried along with his paternal uncle Abdul Hamid, under section 302 read with section 34, P. P. C. For the murder of Muhammad Sharif, deceased, by shooting, on 13th July 1967, at 4 p. m. In village Faqir Shah, District Bahawal--nagar. The appellant who had fired the fatal shot at the deceased was sentenced to death while Abdul Hamid who accompanied him was sentenced to transportation for life. On appeal and reference under section 374, Cr. P. C. a Division Bench of the erstwhile High Court of West Pakistan, Lahore Seat, upheld the conviction of the appellant and con--firmed his sentence of death, but Abdul Hamid was given the benefit of doubt and acquitted. In the petition for special leave to appeal the appellant contested his conviction on grounds which went to appreciation of evidence. It was contended that all the eye-witnesses were related to the deceased and being interested persons conviction should not have been passed on their evidence. The contention did not hold good as mere relationship of the eye-witnesses of the deceased was not a sufficient ground to reject their testimony. The account given by…

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