MUHAMMAD ANWAR vs The STATE — 1970 SCMR 520

Citation: 1970 SCMR 520

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-01-16

Parties: MUHAMMAD ANWAR vs The STATE

Headnotes

Case cited as 1970 SCMR 520

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Mujibur Rahman Khan, Sajjad Ahmad Jan Title: MUHAMMAD ANWAR vs The STATE Case No.: Criminal Appeal No. 26 of 1969 Criminal Appeal No 775 of 1966 Date of Judgment:1970-01-16 Reported As: 1970 SCMR 520 Result: Sentence reduce JUDGMENT JUDGMENT HAMOODUR RAHMAN, C. J.-The appellant in this case was convicted by the learned Additional Sessions Judge, Lahore, on the 25th October 1966, under section 302 of the Pakistan Penal Code for the murder of one Fazal Elahi on the 18th September 1965, between 5 and 6 p.m. In the locality of Ihata Karam Din in Garhi Shahu, Lahore and was sentenced to death. On appeal and reference a Division Bench of the High Court of West Pakistan upheld his conviction and. Confirmed his sentence of death. He applied for special leave to appeal from jail and leave was granted to him to consider as to "whether having regard to the facts and circumstances" of the case "the lesser sentence of transportation for life was not more appropriate" even though the Court was of opinion that the charge had "been brought home to him beyond any reasonable doubt". The prosecution case against the appellant was that he had developed carnal relations with one Abdul Ghafoor (P. W. 11), the brother of the were of the deceased. The said Abdul Ghafoor, who used to live with his own brother Aftab Ahmad (P. W. 12) in the same locality, was fed up with this illicit relationship to which he was being forcibly…

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