SAADULLAH vs The STATE — 1971 SCMR 403

Citation: 1971 SCMR 403

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-04-15

Parties: SAADULLAH vs The STATE

Headnotes

Case cited as 1971 SCMR 403

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman Title: SAADULLAH vs The STATE Case No.: Petition for Special Leave to Appeal No. 18-P of 1970 Date of Judgment:1971-04-15 Reported As: 1971 SCMR 403 Result: N/A Judgment ORDER HAMOODUR RAHMAN, C. J.-The petitioner in this case was placed on trial along with one, Abdul Ghaffar alias Badshahgai, on a charge under section 302/34, P. P. C. For the murder of one, Zaidur Rehman, on the 18th of December 1967, at 2-00 p. m. Near the flour mill of Niaz Mohd. Khan within the limits of village Amarkot. Since Abdul Ghaffar was absconding the petitioner was tried alone and the Additional Sessions Judge, Peshawar, convicted him only under section 307, P. P. C. Giving him a sentence of only five years' rigorous imprisonment. Against this order both the petitioner as well as the State preferred appeals. A criminal revision was also filed by a private complainant for the enhancement of the sentence of the petitioner. The High Court dismissed the appeal of the petitioner but allowed the State appeal against the petitioner's acquittal of the charge of murder, found him guilty under section 302/34, P. P. C. And sentenced him to transportation for life. Since the sentence of the petitioner was enhanced and the acquittal set aside the revision petition fell through. Learned counsel appearing for the petitioner contends that in the circumstances of this case the petitioner had a right to come to this Court as of…

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