MUHAMMAD SHAH vs The STATE — 1970 SCMR 447

Citation: 1970 SCMR 447

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-04-09

Parties: MUHAMMAD SHAH vs The STATE

Headnotes

Case cited as 1970 SCMR 447

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Sajjad Ahmad Jan Title: MUHAMMAD SHAH vs The STATE Case No.: Petition for Special Leave to Appeal No. 52 of 1970 Appeal No. 446 of 1967 Date of Judgment:1970-04-09 Reported As: 1970 SCMR 447 Result: Petition dismissed JUDGMENT JUDGMENT SAJJAD AHMAD, J.-In this petition for special leave to appeal, the petitioner Muhammad Shah has questioned his conviction under section 302, P. P. C. And his sentence of transportation for life there under for the murder of one, Noora, recorded by the Additional Sessions Judge, Lyallpur and confirmed by the High Court of West Pakistan, Lahore. The motive for the murder was that the deceased Noora was suspected of having developed an illicit relationship with Mst., Mandan, were of the petitioner's brother. According to the prosecution case, the petitioner, accom--panied by one, Zafar Abbas who was his co-accused but acquitted by the trial Judge, came to the oven of one, Shera, near the house of Gama Machhi and opened fire at Noora who was sitting there along with some persons, including his father P. W. Muhammad and his paternal aunt P. W. Mst. Fatima. Noora was killed on the spot and Mst. Fatima also sustained a fire-arm injury which was allegedly caused to her by Zafar Abbas mentioned above. Muhammad and Fatima gave ocular evidence in the case which was supplemented by one, Manak, P. W. 11, allegedly another eye-witness who was disbelieved by the trial Judge. The petitioner…

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