SULTAN MUHAMMAD vs THE CROWN' — 1970 PCRLJ 670

Citation: 1970 PCRLJ 670

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-02-10

Parties: SULTAN MUHAMMAD vs THE CROWN'

Headnotes

Case cited as 1970 PCRLJ 670

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Muhammad Shahabuddin, Sir Abdul Rashid, Alvin R. Cornelius Title: SULTAN MUHAMMAD vs THE CROWN' Case No.: Criminal Appeal No. 14 of 1952 Date of Judgment:1970-02-10 Reported As: 1970 P Cr. L J 670 Result: Appeal dismissed JUDGMENT JUDGMENT CORNELEIUS, J.-The appellant is one Sultan Muhammad, whose conviction under section 3t)?, P.P.C. And sentence of death awarded by an Additional Sessions Judge of Peshawar were confirmed by the Judicial Commissioner of the N.-W.F.P, along with conviction, and sentences on other minor charges. We are informed that tile death sentence has been commuted to transportation for life by the Provincial Government. Sultan k1uhammad's petition for appeal leave to appeal., which was filed through the jail was allowed, for the specific purpose of examining, whether adequate consideration had been given to the, point of the right of` private defence, in fag our of tile appellant. On examining the record, we find that the plea of self-defence was not, raised at any time during the trial or the, preceding enquiry on behalf of the appellant Certain matter, appear in the prosecution evidence which go to support such a possibility, and it therefore becomes necessary to consider whether, and if so to what extent, the act of the accused is covered by the right in question. It has been found by the learned Judicial Commissoner, that Sultan Muhammad with a single shot from, a rifle, voluntarily caused the death…

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