NAZIR AHMAD Alias JEERA GUDDI vs The STATE — 1970 SCMR 7

Citation: 1970 SCMR 7

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-07-10

Parties: NAZIR AHMAD Alias JEERA GUDDI vs The STATE

Headnotes

Case cited as 1970 SCMR 7

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Muhammad Yaqub Ali Khan Title: NAZIR AHMAD Alias JEERA GUDDI vs The STATE Case No.:Criminal Petition for Special Leave to Appeal No. 118 of 1969 Criminal Appeal No. 373 of 1968 Date of Judgment:1970-07-10 Reported As: 1970 SCMR 7 Result: Leave refused Judgment ORDER MUHAMMAD YAQUB ALI, J.-The petitioner has been convicted under section 302, P. P. C. And sentenced to death for the murder of Muhammad Sarwar, Foot Constable, on the 8th October 1966, at 6-30 p.m. In Ram Bazar, Baghbanpura. As the assault took place in full public view and the com--plicity of the petitioner was abundantly proved by a number of eye-witnesses the learned counsel did not dispute the incident, but raised the legal issue that inasmuch as the deceased did not have a warrant for the arrest of the petitioner, the latter had the right to free himself from his wrongful custody. The application of section 302, P. P. C. Was on this premises disputed. The petitioner was involved in two criminal cases at the time of the occurrence. Warrants for his arrest were received in the police Station, Baghbanpura, to which the deceased was attached and were returned to the Court concerned after futile efforts to find out his whereabouts. It so happened that the deceased accompanied by Channan Din (P. W. 18), a fellow constable, were on duty to keep a check on the bad characters of the area on the afternoon of the 8th October 1966. While patrolling. Ram…

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