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Citation: 1970 SCMR 765
Court: Supreme Court of Pakistan
Year: 1959
Decision Date: 1959-10-12
Parties: MUHAMMAD KHAN Alias MALTA AND 2 Others vs The STATE
Case cited as 1970 SCMR 765
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Shahabuddin, Alvin R. Cornelius, Muhammad Munir Title: MUHAMMAD KHAN Alias MALTA AND 2 Others vs The STATE Case No.: Criminal Appeal No. 31 of 1959 Criminal Appeal No. 334 of 1958 Date of Judgment:1959-10-12 Reported As: 1970 SCMR 765 Result: Appeal dismissed JUDGMENT JUDGMENT SHAHABUDDIN, J.-This is an appeal by special leave from the judgment of the High Court of West Pakistan, Lahore, by which the convictions and sentences of death imposed for the murders of Muhammad Yar and Dost Muhammad on the appel--lants, Muhammad Khan, Amir Khan and Saleh Muhammad were confirmed, and their appeal was dismissed. The case for the prosecution was that on the morning of the 27th September 1956, while deceased Dost Muhammad was ploughing a field and deceased Yar Muhammad was attending to its ridges the three appellants along with four others, who were also convicted by the trial Court but were acquitted by the High Court, came to that field, two of them, appellants Muhammad Khan and Saleh Muhammad armed with pistols or revolvers, and the other accused with guns. Seeing them the two deceased persons ran towards north and the seven accused started firing at them while pursuing them. After having run a distance of about 13 karams deceased Muhammad Yar fell down, while Dost Muhammad fell after covering three more karams and scaling a stonewall, when appellant Muhammad Khan went up to him and standing on the wall fired two pistol…
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