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FAZAL DAD vs The STATE — 1970 SCMR 682

Citation: 1970 SCMR 682

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-03-25

Parties: FAZAL DAD vs The STATE

Headnotes

Case cited as 1970 SCMR 682

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman Title: FAZAL DAD vs The STATE Case No.: Petition for Special Leave to Appeal No. 7-P of 1970 Date of Judgment:1970-03-25 Reported As: 1970 SCMR 682 Result: Petition dismissed Judgment ORDER WAHIDUDDIN AHMAD, J.-The petitioner Fazal Dad was tried under section 302, P. P. C, for the murder of Mst. Sahib Khatoon on the 9th August 1967, at about Peshiwela in the area of village Chamcha, District Campbellpur, about 10 miles from the police station. The learned Sessions Judge, Campbellpur, by judgment dated the 7th June 1969, convicted the petitioner and sentenced him to death. The petitioner challenged his conviction Criminal Appeal No. III of 1969 before division Bench of the West Pakistan High Court, Peshawar Bench. The learned Judges of the High Court, by judgment dated the 2nd February 1970, dismissed the appeal and confirmed t ho death sentence. The prosecution case is that the petitioner Fazal Dad had been demanding the hand of Mst. Sahib Khatoon from her father Karam Hussain which was refused. He had also expressed his desire to Mst. Sahib Khatoon but she had also refused. It is alleged that on the 9th August 1967, Karam Hussain had gone to his field. Alam Din P. W. 9 and his paternal aunt Mst. Sahib Khatoon had gone to the Dhok of Mst. Fatima. At about peshiwela both of them were returning to their house at village Chamcha. When they reached near the field of Sultan Mahmood Lambardar, the…

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