Mirza DAULAT HUSSAIN vs ABDUL KHALIQ AND Another — 1970 SCMR 467

Citation: 1970 SCMR 467

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-02-26

Parties: Mirza DAULAT HUSSAIN vs ABDUL KHALIQ AND Another

Headnotes

Case cited as 1970 SCMR 467

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Mujibur Rahman Khan, Muhammad Yaqub Ali Khan Title: Mirza DAULAT HUSSAIN vs ABDUL KHALIQ AND Another Case No.:Criminal Petition for Special Leave to Appeal No. 199 of 1969 Murder Reference No. 209of 1968 Date of Judgment:1970-02-26 Reported As: 1970 SCMR 467 Result: Petition dismissed Judgment ORDER WAHIDUDDIN AHMAD, J.-Respondent Abdul Khaliq was convicted under section 302, P. P. C. By the learned Sessions Judge, Jhelum by his judgment dated the 20th September 1968, and was sentenced to death for the murder of Akhtar Hussain deceased. His conviction was set aside by a Division Bench of the West Pakistan High Court, Lahore, in Criminal Appeal No. 737 of 1968 (Murder Reference No. 209 of 1968), by judgment dated the 4th April 1969. The petitioner seeks leave to appeal against the said order of the High Court. The prosecution story is that Mst. Akhtar Begum P. W. 23, the sister of Abdul Khaliq, was originally married to one Muhammad Khan. She developed illicit intimacy with Akhtar Hussain deceased, a Mughal of village Mota Gharbi of Police Station Dina, District Jhelum. As a result of this Muhammad Khan divorced her and she married to Akhtar Hussain. Respondent did not like this marriage. He, therefore, came down from Karachi where he was employed as a Shunting Porter in the Humpyard, Railway Station, Karachi Cantt. And on the 27th of August 1967, at 6-00 a. m.; fired three shots with a pistol at Akhtar…

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