ALLAH DAD vs MUHAMMAD NAWAZ Alias BAGGA AND ANOTHER — 1972 SCMR 565

Citation: 1972 SCMR 565

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: ALLAH DAD vs MUHAMMAD NAWAZ Alias BAGGA AND ANOTHER

Headnotes

Case cited as 1972 SCMR 565

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman, Sajjad Ahmad Jan Title: ALLAH DAD vs MUHAMMAD NAWAZ Alias BAGGA AND ANOTHER Case No.:Criminal Petition for Special Leave to Appeal No. 39-P of 1972 Criminal JUDGMENT Reported As: 1972 SCMR 565 Result: Petition dismissed Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-The respondent in this case was tried for the murder of one Malik Dad on the night of the 22nd of January 1969, at about `khuftan qaza' time. The learned Sessions Judge, Derajat, convicted him under section 302, P. P. C. And sentenced him to transportation for life. But, on appeal, the High Court of Peshawar gave him the benefit of doubt, set aside his conviction and sentence and ordered his acquittal. There was no eye-witness of this occurrence, but the prosecu--petition relied on the first information report recorded at 10 p.m. At Kulachi Police Station, three furlongs away from the place of the incident, which was lodged by the deceased himself and subsequently treated as a dying declaration, and extra-judicial con--fession alleged to have been made by the accused in the presence of Ataullah Khan and Mahmood Khan, which the accused subsequently denied, and the recovery of blood-stained knife said to have been made at the instance of the accused himself. The prosecution also alleged that there was strong motive for the crime as one-and-half years prior to the incident a fight had taken place between Luqman, a brother of the accused,…

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