SIDDIQUE vs The STATE — 1971 SCMR 482

Citation: 1971 SCMR 482

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-07-01

Parties: SIDDIQUE vs The STATE

Headnotes

Case cited as 1971 SCMR 482

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad, Mujibur Rahman Khan Title: SIDDIQUE vs The STATE Case No.: Criminal Appeal No. 12 of 1969 Criminal Appeal No. 277 of 1965 Date of Judgment:1971-07-01 Reported As: 1971 SCMR 482 Result: Appeal dismissed JUDGMENT JUDGMENT SALAHUDDIN AHMED, J.-This appeal by special leave is from an order of the erstwhile High Court of West Pakistan. Lahore, maintaining the conviction of the appellant under sections 302/34 and 307/34 of the Pakistan Penal Code but reduc--ing the sentence of death passed on him under the former charge to transportation for life. He along with' co-accused Akbar and Ibrahim, had been tried by the Additional Sessions Judge, Lahore on the aforesaid two charges and they were all convicted and sentenced on both the charges. The Doctor who held the autopsy was examined before the committing Magistrate and his evidence was brought on record before the Court of Session under section 509 of the Criminal Procedure Code. The dead body of the murdered person, Qaimuddin, had been found on a Railway line. This Court gave leave to appeal to consider the effect of the non-production of the said doctor in person at the trial. It appears that at about 9 p.m. On 10-12-1963, the appellant along .With the. Two co-accused Akbar and Ibrahim, came to the house of Qaimuddin and took him along with them. The appel--lant's father was like a father to Qaimuddin and the appellant was considered as a…

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