ZARDAD vs The STATE — 1971 SCMR 606

Citation: 1971 SCMR 606

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: ZARDAD vs The STATE

Headnotes

Case cited as 1971 SCMR 606

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title: ZARDAD vs The STATE Case No.:Criminal Appeal No. 12-P of 1970 Criminal Appeal No. 230 of 1968 Murder JUDGMENT Reported As: 1971 SCMR 606 Result: Appeal dismissed Judgment JUDGMENT SALAHUDDIN AHMED, J.---The appellant who was at the relevant time a Sub-Inspector of Police and is now under suspension, and his brother Mir Akbar, a School Teacher, were both tried on two counts under section 302/34 of the Pakistan Penal Code for the murders of Abdur Rehman and his brother Mohammad Zaman on the 17th of August 1967, at about 11 a.m. The Sessions Judge, Hazara acquitted Mir Akbar but convicted the appellant and sentenced him to death on both the counts under section 302 of the Pakistan Penal Code. On appeal and reference the High Court upheld the appellant's conviction under section 302, P, P. C. In respect of the murder of Mohammad Zaman but commuted his sentence to transportation for life. So far as the death of Abdur Rahman is concerned, the appellant's conviction was altered to one under section 304, Part 1; P. P. C. And he was sentenced to 10 years' rigorous imprisonment. In this case the prosecution relied on the ocular testimony of three persons, namely, P. W. Mohammad Farooq, a son of deceased Abdur Rehman, P. W. Mst. Razia Bibi, a sister of the deceased and P. W. Mohammad Yaqoob. The Courts below have disbelieved the testimony of the son and the sister as…

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