BAKHAT JAMAL vs The STATE — 1971 SCMR 347

Citation: 1971 SCMR 347

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-04-07

Parties: BAKHAT JAMAL vs The STATE

Headnotes

Case cited as 1971 SCMR 347

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title: BAKHAT JAMAL vs The STATE Case No.: Criminal Appeal No. 10-P of 1970 Date of Judgment:1971-04-07 Reported As: 1971 SCMR 347 Result: Appeal dismissed JUDGMENT JUDGMENT MUHAMMAD YAQUB ALI, J.-Bakhat Jamal, appellant, was tried by the Additional Sessions Judge, Mardan under section 302, P. P. C. For the murder of his wife Mst. Qeemat Baha and for making attempt on the life of his brothers-in-law Sarzamin and Muhammad Ayub (P. Ws.). He was found guilty and sentenced to death on the first count and to 7 years' rigorous imprisonment on the second count. He was further sentenced to one year's rigorous imprisonment under section 13 of the Arms Ordinance for keeping in possession unlicensed gun and three cartridges. On appeal and reference, a Division Bench of the High Court set aside the conviction of the appellant under section 307, P. P. C. But confirmed the sentence of death imposed by the trial Judge, on the finding that the dying declaration made by Mst. Qeemat Baha, deceased, in the Civil Hospital in which she had charged the appellant for shooting her with a shot-gun sounded true and fitted in with the circumstances in which the occurrence had taken place. The probabilities of the case also supported the prosecution version. Leave to appeal was granted on a Jail Petition to consider whether the retracted concession by the appellant was corrobora--ted by…

Read the full judgment on Al Wakeelo — Pakistan's AI-powered legal research platform.