SHER MUHAMMAD AND Another vs THE CROWN — 1971 SCMR 207

Citation: 1971 SCMR 207

Court: Supreme Court of Pakistan

Year: 1954

Decision Date: 1954-10-20

Parties: SHER MUHAMMAD AND Another vs THE CROWN

Headnotes

Case cited as 1971 SCMR 207

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Alvin R. Cornelius, Muhammad Munir, A. S. M. Akram Title: SHER MUHAMMAD AND Another vs THE CROWN Case No.: Criminal Appeal No. 37 of 1954 Criminal Appeal No. 298 of 1952 Date of Judgment:1954-10-20 Reported As: 1971 SCMR 207 Result: Appeal dismissed JUDGMENT JUDGMENT MUHAMMAD MUNIR, C. J.-This appeal by special leave is by Sher Muhammad and Abdul Sadiq alias Sadiq whose conviction of murder and sentences of death have been confirmed by the Court of Judicial Commissioner, N.-W. F. P. In the course of a riot over rival claims to possession of small strip of land six persons, namely, Sheru, Abdulla, Farid, Abdur Rariman, Sikandar and Maruf, were shot dead and some more injured on the morning of 31st July 1952, on the northern bank of a hill torrent between village Monchora and village Darwesh in the District of Hazara in the North-Western Frontier Province. The transaction was the subject of a trial before the Sessions Judge, Hazara, at which Sher Muhammad, Abdul Sadiq appellants and Taj Muhammad, Sultan Muhammad, Abdul Qayyum and Pir Muhammad were charged with being members of an unlawful assembly, and having killed six persons in prosecution. Of the common object of that assembly. The learned Judge convicted Sher Muhammad and Abdul Sadiq and acquitted the remaining four. Taj Muhammad, Sultan Muhammad and Abdul Qayyum, three of the acquitted accused, are brothers, while Pir Muhammad, the fourth acquitted accused and Sher…

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