ALLAH BAKHSH vs AHMAD DIN AND 2 Other — 1971 SCMR 462

Citation: 1971 SCMR 462

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-06-03

Parties: ALLAH BAKHSH vs AHMAD DIN AND 2 Other

Headnotes

Case cited as 1971 SCMR 462

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad, Mujibur Rahman Khan Title: ALLAH BAKHSH vs AHMAD DIN AND 2 Other Case No.: Criminal Appeal No. 14 of 1969 Date of Judgment:1971-06-03 Reported As: 1971 SCMR 462 Result: Appeal accepted JUDGMENT JUDGMENT SALAHUDDIN AHMED, J.-This appeal by special leave is from an order of the High Court of West. Pakistan at Bahawalpur acquitting the first two respondents who had been convicted and sentenced to death by the Additional Sessions Judge, Rahimyar Khan under section 302/34 of the Pakistan Penal Code for the murder of one Jam Rahim Bakhsh Lambardar. The leave was granted to consider whether the mode of appreciation of the evidence adopted by the learned Judges of the High Court was wholly unsuitable to the formation of correct conclusion in a case of the present character, and whether they did not fully discuss the evidence of eye- witnesses. The occurrence took place in a field on the 19th of February 1964, at 3 p.m. And a First Information Report was lodged at Police Station Shidani, 6 miles away from the spot on the same day at 6-15 p.m. According to the prosecution case the respon--dents killed the deceased Lambardar because the latter had prevented the former from committing thefts and complained to the authorities against their misdeeds. Three eye-witnesses, viz. P. W. 8 Faqir Bakhsh, P. W. 9 Sher Mohammad and P. W. 10, Pir Bakhsh, deposed that they saw the two respondents, armed with…

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