ABDUL RAUF vs THE CROWN — 1971 SCMR 256

Citation: 1971 SCMR 256

Court: Supreme Court of Pakistan

Year: 1954

Decision Date: 1954-03-08

Parties: ABDUL RAUF vs THE CROWN

Headnotes

Case cited as 1971 SCMR 256

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Sir Abdul Rashid, Alvin R. Cornelius, A. S. M. Akram Title: ABDUL RAUF vs THE CROWN Case No.: Criminal Appeal No. 29 of 1953 Criminal Appeal No. 196 of 1952 Date of Judgment:1954-03-08 Reported As: 1971 SCMR 256 Result: Appeal accepted JUDGMENT JUDGMENT ABDUL RASHID, C. J.-This is an appeal, by special leave, preferred by Abdul Rauf, from a decision of the Judicial Commissioner of the N.-W. F. P. Confirming the sentence of death awarded to him under section 302 of the Pakistan Penal Code by an Additional Sessions Judge of Peshawar. Muhammad Azim Khan, an uncle of the appellant, was shot dead in broad day-light on the 24th September 1942, at about 9-0. a.m. Near a butcher's shop. At noon the First Information Report was lodged by Muhammad Umar Khan (P. W. 3) at the police station to the effect that while he was resting in the village he was informed by several people that his brother Muhammad Azim Khan had been fired at and killed by Abdul Rauf near a butcher's shop. He went towards the shop and saw Azim Khan's body being brought to the village. People told him that Azim Khan was at the butcher's shop when he was fired at by Abdur Rauf. Abdul Rauf had approached Muhammad Azim Khan for the hand of his daughter in marriage. The deceased had refused to marry his daughter to Abdul Rauf about four years ago. After the incident, Abdul Rauf absconded for several years. He was, therefore, proclaimed as an outlaw and proceedings under…

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