HAQDAD KHAN vs The STATE — 1970 SCMR 417

Citation: 1970 SCMR 417

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-01-30

Parties: HAQDAD KHAN vs The STATE

Headnotes

Case cited as 1970 SCMR 417

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title: HAQDAD KHAN vs The STATE Case No.:Criminal Petition for Special Leave to Appeal No. 288 of 1968 Criminal Appeal No. 868 of 1968 Date of Judgment:1970-01-30 Reported As: 1970 SCMR 417 Result: Leave refused Judgment ORDER MUHAMMAD YAQUB ALI, J.-It has been found by the Additional Sessions Judge, Mianwali, by his order dated the 2nd December 1968, that the petitioner shot dead his co-villager Mohammed Aslam at Jhikki Degarwela (about 6 p. m.) in Wandha Jalanderwala, P. S. Sadder, Mianwali. Conviction was recorded under section 302, P. P. C. And penalty of death awarded to the petitioner which has been on appeal and reference under section 374, Cr. P. C., confirmed by a Division Bench of the High Court. F. I. R., was recorded on the basis of the dying declaration made by the deceased in the Civil Hospital at 7-20 p.m. He charged therein the petitioner for effectively hitting him with a rifle shot and his companion for having fired a gun shot which missed him. The occurrence took place in daylight in front of the Baithak of Haqdad Khan, P. W. Uncle of the deceased, and was witnessed by his son Arsla Khan P. W. And Alam Khan P. W. None had a motive of his own to implicate the petitioner nor was any other circumstance elucidated in their cross-examination to doubt their credibility. The High Court did not rely on the dying declaration, but acted on the oral testimony of the eye-…

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