Dad alias Allah Dad vs The State — 1971 SCMR 20

Citation: 1971 SCMR 20

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Headnotes

Case cited as 1971 SCMR 20

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Muhammad Shahabuddin, Alvin R. Cornelius, Dr. Sheikh Abdul Rahman, JUDGMENT Reported As: 1971 SCMR 20 Result: Appeal dismissed Judgment JUDGMENT CORNELIUS, J.-This appeal by one Dad alias Allah Dad, against a conviction under section 302, P. P. C., and sentence of transportation for life is brought as of right, since he had been acquitted at his trial, and the conviction was recorded by the High Court of West Pakistan upon appeal by the State under section 417, Criminal Procedure Code. The acquittal was ordered in the face of a volume of circumstantial evidence of the most convincing type. It was based solely upon the evidence of two doctors, Dr. Nur Muhammad and Dr. Zafar Ali Shah who performed the post-- mortem examination of the body of the deceased, Ghulam Muhammad. There was proof of motive sufficiently strong to explain the crime. There was proof that very shortly before the murder, Ghulam Muhammad was taken by Dad from his house upon a pretext. There was proof that the report of a crate gun shot was heard from Dad's house, and that a number of persons going to the house, found Ghulam Muhammad lying on the ground, bleeding from a shot wound in the chest, and Dad standing there with a pistol in his hand. There was proof that when questioned "why he had shot Ghulam Muhammad", Dad replied that it was because "the deceased wanted to marry Ghulam Fatima, while the accused wanted to get her married to the son of his maternal…

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