MIRZA KHAN vs THE CROWN — 1970 PCRLJ 81

Citation: 1970 PCRLJ 81

Court: Supreme Court of Pakistan

Year: 1955

Decision Date: 1955-02-03

Parties: MIRZA KHAN vs THE CROWN

Headnotes

Case cited as 1970 PCRLJ 81

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Alvin R. Cornelius, Muhammad Sharif, Muhammad Munir, A. S. M. Akram Title: MIRZA KHAN vs THE CROWN Case No.: Criminal Appeal No. 60 of 1954 Appeal No. 326 of 1953 Date of Judgment:1955-02-03 Reported As: 1970 P Cr. L J 81 Result: Appeal dismissed JUDGMENT JUDGMENT CORNELIUS, J.-The question involved in this appeal by Mirza Khan who has been convicted and sentenced to death under section 302, P. P. C. 4s well as a term of imprison--ment under section 307, P. P. C. Is whether, in convicting Mirza Khan who had beers acquitted by the trial Judge, the learned Judges of the High Court have given proper weight and consideration (1) to the views of the trial Judge as to the credibility of the witnesses and (2) to the circumstance that the presumption of innocence in favour of the accused was certainly not weakened by his acquittal. The facts of the case may be briefly stated. The incident occurred on the 5th September 1952 in a village in the Mianwali district, and although a large number of men were involved on each side, it is of the first importance to note that there is no allegation of the existence of any previous enmity, much less of any feud, between the parties. On the morning in question, the complainant Mehr Shah and the deceased Ismail, were in the village, in the company of four of their friends, namely. Mehr Khan, Shah Jahan, Haq Nawaz and Faizullah. They were talking over a beating allegedly given to Mehr Khan the…

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