Ghulam Sarwar vs The State — 1971 SCMR 172

Citation: 1971 SCMR 172

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Headnotes

Case cited as 1971 SCMR 172

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Salahuddin Ahmad, Hamoodur Rahman, Mujibur Rahman Khan, JUDGMENT Reported As: 1971 SCMR 172 Result: Appeal dismissed Judgment JUDGMENT M. R. KHAN, J.-This appeal, by special leave, is directed against the judgment and order of the High Court of West Pakistan, Lahore, by which the Death Reference No. 48 of 1968 was accepted and the sentence of death imposed on the appellant was confirmed and his Criminal Appeal No. 105 of 1968 was dismissed. The prosecution case was that Ghulam Sarwar, deceased was a witness in a criminal case under section 307 of the Pakistan Penal Code against the appellant's two friends Mushtaq and Iftikhar. The appellant had threatened the deceased two days before the occurrence and lastly in the evening of the 12th March 1967, not to depose against his friends in the said criminal case. On the 13th March 1967, at about 6 a.m., Ghulam Sarwar, deceased, who was working as a railway cooly, set out from his house for his work, accompanied by his brother Ghulam Rasul (P. W. 14) who had to go to the fruit market. As they reached Kucha Nasrullah Khan, the appellant emerged from his nearby house with a dang in his hand, confronted Ghulam Sarwar and enquired of him if he would still' be deposing against his friends in the criminal case. To this, Ghulam Sarwar replied that he would depose in that case and tell the truth. There upon, the appellant hit Ghulam Sarwar with the dang on his head. Ghulam Sarwar fell down…

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