ABDUR RASHID vs The STATE — 1969 PLD 398

Citation: 1969 PLD 398

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-06-23

Parties: ABDUR RASHID vs The STATE

Headnotes

Case cited as PLD 1969 SC 398

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title: ABDUR RASHID vs The STATE Case No.: Criminal Appeal No. 3-P of 1970 Date of Judgment:1971-06-23 Reported As: 1971 SCMR 521 Result: Appeal dismissed JUDGMENT JUDGMENT SALAHUDDIN AHMED, J.-This appeal by Abdur Rashid is by right under the Constitution. The appellant was acquitted by the learned Sessions Judge, but on a State appeal has been convicted and sentenced to transportation for life by the High Court under section 302 of the Pakistan Penal Code for stabbing to death one Enayatur Rehman, 17/18 years' old, with a knife. The occurrence took place on 5-9-1965 at about 8 p.m. In the hujra of Lala Khel tribe in village Gojra. The southern gate of the hujra opens into a bazar and there was at the relevant time an electric bulb of 100 candle power burning at the gate. On the south-west corner inside this gate P. W. 3, Chanan Khan had a hotel which was open at the time and an electric light was burning in it. Just before the occurrence there was a gathering of Jirga in the hujra and P. W. 4, Pir Muhammad, who participated in the Jirga, remained there and smoked `Chillam' on the platform of the `hujra'. Enayatur Rahman came to the said hotel and after having smoked Chillam came out of the hotel and started going to the interior of the hujra when the appellant entered the hujra from the southern gate and asked the former to halt. Enayatur Rehman stopped and the…

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