HAKIM ALI vs The STATE — 1971 SCMR 412

Citation: 1971 SCMR 412

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: HAKIM ALI vs The STATE

Headnotes

Case cited as 1971 SCMR 412

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad, Mujibur Rahman Khan Title: HAKIM ALI vs The STATE Case No.:Criminal Appeal No. 690 of 1968 Petition for Special Leave to Appeal No. 68 JUDGMENT Reported As: 1971 SCMR 412 Result: Petition dismissed Judgment JUDGMENT SALAHUDDIN AHMAD, J.-This petition arises out of an order of the High Court maintaining the conviction and sentence of death passed upon the petitioner under ,section 302/34 of the Pakistan Penal Code. Three other co-accused persons, however, were acquitted by the High Court. The occurrence took place on the 6th of - December 1966, at digarwela on a village path passing by a sugarcane field and was witnessed by two persons, namely, P. W. 12, Mohammad Sadiq and P. W. 13, Mohammad Hussain. Shah Mohammad deceased was chased by the accused persons, including the petitioner and after Shah Mohammad had fallen down as a result of dang blow given by the co-accused, the petitioner along with another co-accused, caught hold of the deceased and dragged him to the nearby field of the accused persons and there the petitioner, along with another co-accused, gave hatchet blows on the neck of the deceased as a result of which the head was severed from his body. The petitioner, Hakim Ali, then put the head in the loi (Exh. P. 1) of the deceased and took it away along with the other accused persons. Subsequently, the accused was produced before the Police and a blood-stained tehband was…

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