MUHAMMAD GUL vs The STATE — 1970 SCMR 797

Citation: 1970 SCMR 797

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-05-01

Parties: MUHAMMAD GUL vs The STATE

Headnotes

Case cited as 1970 SCMR 797

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Mujibur Rahman Khan Title: MUHAMMAD GUL vs The STATE Case No.:Criminal Petition for Special Leave to Appeal No. 63 and Jail Petition No. 8 of 1970 Murder Reference No. 40 of 1969 Date of Judgment:1970-05-01 Reported As: 1970 SCMR 797 Result: Petition dismissed Judgment ORDER WAHIDUDDIN AHMAD, J.-Petitioner Muhammad Gul was convicted and sentenced by the Sessions Judge, Mianwali under section 302, P. P. C. By order dated the 8th January 1969, to death for causing the murder of Ghulam Mohammad, his co-villager in the area of village Samandwala, Police Station, Muchh, in the District of Mianwali. His conviction was upheld by a Division Bench of the High Court of West Pakistan, Lahore, in Criminal Appeal No. 91 of 1969 (Murder Reference No. 40 of 1969), by judgment dated the 19th February 1970. The petitioner seeks permission to file an appeal against the said judgment. The prosecution case is that on the night of 28th March 1968, at about khuftan time, the deceased, along with his son Ghulam Qadir and Muhammad, his uterine brother, was going for prayer to the mosque. Ghulam Qadir was carrying a lantern in his hand. When they reached near the mosque, the petitioner came armed with a rifle and shouted that he would avenge the insult and fired. The deceased was hit on the abdomen. He fell down. At the time when the deceased was hit, he was about to enter the door of the mosque. Ghulam Qadir P. W. Stood by the wall…

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