GHULAM MUHAMMAD AND Another vs The STATE — 1970 SCMR 432

Citation: 1970 SCMR 432

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: GHULAM MUHAMMAD AND Another vs The STATE

Headnotes

Case cited as 1970 SCMR 432

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Mujibur Rahman Khan, Sajjad Ahmad Jan Title: GHULAM MUHAMMAD AND Another vs The STATE Case No.:Criminal Appeal No. 431 of 1968 Petition for Special Leave to Appeal No. K- JUDGMENT Reported As: 1970 SCMR 432 Result: Petition dismissed Judgment JUDGMENT M. R. KHAN, J. The petitioners Ghulam Muhammad and Bakhshal along with Hassu and Ali Hassan were placed on trial for having committed the murder of Allah Rakhio. On conviction under section 302/34 of the Pakistan Penal Code, Ghulam Muhammad was sentenced to death and Bakhshal to transporta--tion for life. Bakhshal was also convicted under section 13-D of toe Arms Act and sentenced to rigorous imprisonment for two years. The co-accused Hassu and Ali Hassan were given benefit of doubt and acquitted. On appeal and reference, a Division Bench of the High Court of West Pakistan, Karachi Bench, dismissed the appeal, confirmed the death sentence imposed on Ghulam Muhammad and maintained the sentences imposed on Bakhshal. The occurrence took place on the 2nd December 1967, after mid-night. On that night, Allah Rakhio, deceased was sleeping in his own house, where his were Mst. Jawai, his son Ilahi Bakhsh, his sister Sibiani and hey husband Muhammad Umar were also sleeping on separate cots within a short distance of a few paces. At about mid-night, Muhammad Umar were up on Bearing some sound and saw four persons of whom the two petitioners were standing near the cot of…

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