AMIRUDDIN AHMAD vs Muhammad Khan — 1971 SCMR 260

Citation: 1971 SCMR 260

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Headnotes

Case cited as 1971 SCMR 260

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Muhammad Shahabuddin, Alvin R. Cornelius, Muhammad Munir, Amir-Ud- JUDGMENT Reported As: 1971 SCMR 260 Result: Appeal dismissed Judgment JUDGMENT AMIRUDDIN AHMAD, J. -The appellants along with another man, named Nazra, were tried and convicted by the Additional Sessions Judge, Gujrat, on a charge under section 302/34 of the Pakistan Penal Code, for the murder of one Muhammad Khan on the morning of the 8th March at village Kotha Bhola. The appellants were sentenced to death and Nazra was sentenced to transportation for life. The case came up before the High Court of West Pakistan at Lahore on appeal by the convicted persons, and for confirmation of the death sentences. Their appeal was dismissed and the death sentences were confirmed. The prosecution case was that the deceased Muhammad Khan with one Shahu was cutting fodder in the former's field, when the three persons came riding on two horses, the appellant Salehon armed with rifle on one, and the other two on the other horse armed with spears. They dismounted near the field and Salehon challenged Muhammad Khan saying, "get ready". I have come to avenge the murder of my father. Immediately after that Salehon fired from his .303 bore rifle at Muhammad Khan, who was hit in the shoulder and began to run away, and was chased by the three persons. Salehon fired two more shots, while he was running, but missed. In the meantime, Muhammad Khan after running some distance fell down…

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