NISAR AHMAD vs The STATE — 1971 SCMR 398

Citation: 1971 SCMR 398

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: NISAR AHMAD vs The STATE

Headnotes

Case cited as 1971 SCMR 398

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman Title: NISAR AHMAD vs The STATE Case No.:Criminal Appeal No. 83 of 1970 Petition for Special Leave to Appeal No. 5-P JUDGMENT Reported As: 1971 SCMR 398 Result: Petition dismissed Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-The petitioner was tried and convicted for the murder of one, Haji Gul, and sentenced to death. He was also convicted under section 13 of the West Pakistan Arms Ordinance, 1965, and sentenced to rigorous imprisonment for 3 years for being in possession of an unlicensed pistol and some cartridges. On appeal and reference, a Division Bench of the High Court of Peshawar has upheld his convictions and confirmed his sentences. The petitioner now seeks special leave to appeal. The alleged murder was committed on 23-11-69, 20 or 25 minutes before Maghrib prayer time, while the deceased was talking to Mohibullah (P. W. 9) near the shop of the deceased in Landi Arbab. The petitioner, it is said, came there, fired three shots at the deceased with a pistol and ran away. He was chased by Yaqub Shah (P. W. 10) and one, Abdul Latif. The petitioner entered the hujra of Arbab Inayatullah Khan (P. W. 6). The latter took the pistol away from him and detained him when he was told by Mohibullah (P. W. 9) that the petitioner had murdered a man. It was Arbab Inayatullah Khan, who first informed the Badaber Police Station over the Phone. On this information the Sub-Inspector of Police (P. W. 11)…

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