WASIBULLAH vs The STATE — 1971 SCMR 101

Citation: 1971 SCMR 101

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: WASIBULLAH vs The STATE

Headnotes

Case cited as 1971 SCMR 101

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman Title: WASIBULLAH vs The STATE Case No.:Criminal Appeal No. 125 of 1967 Petition for Special Leave to Appeal No. 22- JUDGMENT Reported As: 1971 SCMR 101 Result: Petition dismissed Judgment JUDGMENT SALAHUDDIN AHMED, J.-This petition for special leave arises out of an order of conviction and sentence under section 396 of the Pakistan Penal Code passed against the petitioner. The sum and substance of the prosecution case is that a dacoity took place at 1-30 a.m. In the house of Ruhini Mohan Das (deceased) in course of which his house was broken into by the dacoits and he himself was attacked and injured by the dacoits. In course of the occurrence Ruhini, too, succeeded in inflicting blows with a `Chhia' on some of the dacoits, but ultimately under the order of petitioner Wasibullah, another dacoit fired with a gun causing injury in the abdomen of Ruhini. The dacoits had with them torches and a petromax lamp, and Rullini was able to recognise petitioner Wasibullah and he told about his recognition to the inmates of his house P. Ws. 1, 2, 3 and 4. Ruhini's eldest son P. W. 1 Rama Kania also saw and recognised petitioner Wasibullah and two other dacoits and spoke about his recognition to P. Ws. 2, 3 and 4. P. W. 5, a doctor, was summoned from the thana hospital and he came and gave first aid to Ruhini and at the latter's request recorded a dying declaration Exh. 3 in which Ruhini specifically…

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