SALEH AND Another vs THE CROWN — 1970 PCRLJ 59

Citation: 1970 PCRLJ 59

Court: Supreme Court of Pakistan

Year: 1954

Decision Date: 1954-12-01

Parties: SALEH AND Another vs THE CROWN

Headnotes

Case cited as 1970 PCRLJ 59

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Muhammad Shahabuddin, Muhammad Munir, A. S. M. Akram Title: SALEH AND Another vs THE CROWN Case No.: Criminal Appeal No. 53 of 1954 Criminal Appeal No. 115 of 1953 Date of Judgment:1954-12-01 Reported As: 1970 P Cr. L J 59 Result: Appeal dismissed JUDGMENT JUDGMENT MUHAMMAD MUNIR, C. J.-This is an appeal, by special leave, in a criminal matter. The two appellants, Saleh and Khair Muhammad, together with eight other persons, were tried by the 2nd Additional Sessions Judge, Hyderabad, on charges of murder and attempted murder. The learned Judge convicted the appellants alone under sections 302 and 307 of the Pakistan Penal Code and sentenced them to death on the former and to seven years' imprisonment on the latter charge. The appellants appealed to the Chief Court of Sind where Muhammad Bachal and Muhammad Bakhsh, JJ. Disagreed as to the correctness of the convictions, the former being of the opinion that the appeal be dismissed and the latter that the appeal be allowed and the convictions and sentences set aside. The case was, therefore, heard by a 3rd Judge, Hassanally Agha, J., who agreed with the opinion of Muhammad Bachal, J. And dismissed the appeal. Special leave to appeal was granted by this Court on the question whether the evidence in the case presented a reasonable possibility of the appellants' case being true, namely, that they acted in exercise of the right of private defence of person and property. The facts…

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