SARBLAND KHAN vs The STATE — 1970 SCMR 329

Citation: 1970 SCMR 329

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-01-26

Parties: SARBLAND KHAN vs The STATE

Headnotes

Case cited as 1970 SCMR 329

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title: SARBLAND KHAN vs The STATE Case No.:Criminal Petition for Special Leave to Appeal No, 91 of 1969 Criminal Appeal No. 654 of 1968 Date of Judgment:1970-01-26 Reported As: 1970 SCMR 329 Result: Petition dismissed Judgment ORDER MUHAMMAD YAQUB ALI, J. The petitioner seeks leave to appeal from the order of the High Court confirming the sentence of death awarded to him under section 302, P. P. C. For killing his co- villager Mirabat, -deceased, at about 4 p. m. On 3rd July 1967, in the area of village Kacha Bhangi Khel, 11 miles away from the Police Station Kala Bagh. The crime was witnessed by Muhammad Alim and Mad Gul, P. Ws., and their presence was mentioned in the dying declaration of the deceased recorded by the village dispenser at 5-30 p. m. On the spot. Neither witness had any motive to falsely implicate the petitioner. The plea that they had deposed against the petitioner under the influence of Aseel Muhammad, P. W., was examined in the Courts below and found to be without any substance. Father of the petitioner had, long time ago, assaulted the paternal aunt of Aseel Muhammad, but there were others who too had attested the dying declaration. The evidence of the dispenser was almost conclusive on the point. It was also urged that the deceased and the eye-witnesses did not know Urdu or Punjabi and Aseel Muhammad had acted as an interpreter before the dispenser, the…

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