ASAL DIN vs MIR BAHADUR AND Another — 1972 SCMR 690

Citation: 1972 SCMR 690

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: ASAL DIN vs MIR BAHADUR AND Another

Headnotes

Case cited as 1972 SCMR 690

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman, Sajjad Ahmad Jan Title: ASAL DIN vs MIR BAHADUR AND Another Case No.:Criminal Appeal No. 7-P of 1971 CriminalAppeal No. 153 of 1967 Revision No. JUDGMENT Reported As: 1972 SCMR 690 Result: Appeal dismissed Judgment JUDGMENT SAJJAD AHMAD, J.-The respondent, Mir Bahadur, was convicted for the murder of Azad Khan, and sentenced to death by the Additional Sessions Judge. Peshawar. On appeal and reference, he was acquitted by a Division Bench of the Peshawar High Court. This appeal by Asal Din, a brother of the deceased, is directed against the acquittal order, as recorded by the High Court. It was alleged by the prosecution that the deceased was murdered at 3 p.m. On the 26th of May 1966, by the respondent, who fired two pistol shots at him. The murder was preceded by a quarrel between the de-,eased and the respondent over the turn of irrigation water. The turn of the respondent was due to end at 3 p.m. On that day, and the deceased, whose turn commenced thereafter, diverted the water to his own orchard, but the respondent, instead of allowing him to do so, fired at him, killing him on the spot. The occurrence was reported by Asal Din at Police Station City Kohat at 3-30 p.m. The same day. The police station is situated at a distance of one mile from the scene of occurrence. It was alleged in the report that the occurrence had been witnessed by the first informant, namely, Asal Din, and his…

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