Mashal Khan vs Hyder Raza — 1970 SCMR 810

Citation: 1970 SCMR 810

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Headnotes

Case cited as 1970 SCMR 810

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Muhammad Shahabuddin, Alvin R. Cornelius, Dr. Sheikh Abdul Rahman, JUDGMENT Reported As: 1970 SCMR 810 Result: Sentence reduce Judgment JUDGMENT CORNELIUS, J.-The appellant Mashal Khan stands convicted under section 302, Pakistan Penal Code and sentenced to death for the murder by shooting of a police constable by name Hyder Raza committed on the 29th April 1957. The shooting took place in broad daylight in a public thoroughfare in the city of Karachi, 'and was preceded by certain incidents which will be dealt with presently which clearly indicate that the occurrence must have attracted a good deal of public attention. Consequently it is somewhat surprising to find that in the grounds of appeal, the appellant should persist with his original plea that the case was wholly false and fabricated. That plea was indeed abandoned in the course of hearing of the appeal before the High Court where the counsel appearing for the appellant "candidly conceded that on the evidence led by the prosecution that he could not make out a case of acquittal for the appellant". Leave to appeal to this Court was granted to Mashal khan on the basis that he fired at Hyder Raza in the course of an attempt made by a number of police officers to arrest him, and the questions which arose were whether there was any legal authority under which the attempt to arrest was made, whether any right of private defence arose in favour of Mashal Khan, and if so,…

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