Irshad alias Shada vs The State — 1971 SCMR 655

Citation: 1971 SCMR 655

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Headnotes

Case cited as 1971 SCMR 655

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Salahuddin Ahmad, Waheeduddin Ahmad, Hamoodur Rahman, JUDGMENT Reported As: 1971 SCMR 655 Result: Appeal dismissed Judgment JUDGMENT SALAHUDDIN ARMED, J.-This appeal is by special (cave. Leave was granted by this Court to consider whether tie High Court acted upon principles consistent with the safe dispensation of Criminal Justice in maintaining tile conviction of tits appellant upon the evidence of a solitary eye- witness who appeared to be a mere chance witness and possessed only one good eye. Appellant Irshad alias Shada has been convicted under section 302 of the Pakistan Penal Code and sentenced to death. The prosecution case is that just before the occurrence Bohra deceased had deposed against the appellant in a criminal case under section 379/411 of the Pakistan Penal Code before the Cantonment Magistrate. The case was still pending when the appellant out of revenge mortally wounded Bahra with a knife on March 6, 1967, at 4-30 p.m. In the Main Bazar, Kumharpura, in front of the shop of Soofi Abdul Haq. The deceased was injured on the back, on the front side of the neck, and on the back of his right shoulder. He walked some distance and then fell down dead. The occurrence was witnessed by 3 witnesses viz. P. W. 3, Abdul Ghani, P. W. 5 Muhammad Sharif alias Haji and P. W. 7, Sajjad Hussain all residents of the locality. P. W. Sajjad went and .Informed P. W. 8, Salamat, brother of the deceased, and the latter naturally…

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