REHMAT ULLAH vs The STATE — 1972 SCMR 5

Citation: 1972 SCMR 5

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-11-29

Parties: REHMAT ULLAH vs The STATE

Headnotes

Case cited as 1972 SCMR 5

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Muhammad Yaqub Ali Khan Title: REHMAT ULLAH vs The STATE Case No.: Criminal Appeal No. 104 of 1970 Criminal Appeal No. 449 of 1964 Date of Judgment:1971-11-29 Reported As: 1972 SCMR 5 Result: Appeal dismissed JUDGMENT JUDGMENT SALAHODDIN ARMED, J.-This appeal by special leave is from the order of a learned Single Judge of the erstwhile High Court of West Pakistan, Lahore, maintaining the conviction of appellant Rahmat Ullah under section 302 of the Pakistan Penal Code and the sentence of transportation for life passed on him thereunder. As all the principal witnesses for prosecution had resiled at the trial from their earlier statements before the Committing Magistrate and the High Court had based the conviction largely on acceptance of the earlier statements, leave was granted to re-examine the evidence to ensure that justice was done. Mst. Majidan deceased was the daughter of the appellant and she was married to Nazir. Some time after marriage she started residing in her parents' house. She had the reputation of leading an immoral life. Both her husband and her father had failed to induce her to go back to her husband. The appellant, who was aware of the reputation of the deceased, very much resented her refusal to go back to her husband, and this was the motive for the murder. On the date of occurrence, namely, 1st September 1963 at 8 a. m. P. Ws. Talib Hussain and Nur Muhammad were proceeding to the shop…

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