SARFARAZ vs The STATE — 1970 SCMR 113

Citation: 1970 SCMR 113

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: SARFARAZ vs The STATE

Headnotes

Case cited as 1970 SCMR 113

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Abdus Sattar, Hamoodur Rahman, Sajjad Ahmad Jan Title: SARFARAZ vs The STATE Case No.:Murder Reference No. 80 of 1968 Petition for Special Leave to Appeal No. 15- JUDGMENT Reported As: 1970 SCMR 113 Result: Leave refused Judgment JUDGMENT SAJJAD AHMAD, J.-Petitioner Sarfaraz has been found guilty of the murder of Taj Muhammad, deceased, and sentenced to death by the Additional Sessions Judge, Peshawar. His conviction and sentence have been confirmed by the High Court of West Pakistan, Peshawar Bench. The murder took place at noon time on the 9th of August 1967, According to the prosecution case, the deceased was at the time lying on a cot in the shop of P. W. Ali Muhammad, black--smith, where the other P. Ws., namely, Saaduddin, Nur Akbar and Muhammad Yousuf, were also present listening to a Transistor Radio. The petitioner came there armed with a tamancha and fired a shot at the deceased, injuring him fatally on the head and then fled away. The occurrence was reported at the Police Station Tangi by P. W. Muhammad, father of the deceased, at 2 p.m. Wherein he charged the petitioner for the murder, but stated that there was no enmity between him and the deceased prior to the occurrence. However, at the trial, Muhammad, aforesaid, and P. W. Mahmood, disclosed that a month before the occurrence there was a dispute between the petitioner and the deceased who-owned lands adjacent to each other, on the turn of the irrigation water.…

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