RUSTOM vs The STATE — 1971 SCMR 599

Citation: 1971 SCMR 599

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: RUSTOM vs The STATE

Headnotes

Case cited as 1971 SCMR 599

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sajjad Ahmad Jan Title: RUSTOM vs The STATE Case No.:Criminal Appeal No. 161 of 1970 Petition for Special Leave to Appeal No. K-35 JUDGMENT Reported As: 1971 SCMR 599 Result: Leave refused Judgment JUDGMENT HAMOODUR RAHMAN, C J.-The petitioner has been convicted for the murder of one Murid and sentenced to death by the Additional Sessions Judge, Larkana. His conviction has been upheld and sentence confirmed by a Division Bench of the High Court of Sind and Baluchistan at Karachi on appeal and reference. Mst. Hawa, the sister of the deceased, was married to Mitho, an uncle of the petitioner five years ago. Mitho was deaf and dumb. Nevertheless, Mst. Hawa lived with him for several years, but eventually she left him and began to live with her brother, Murid, at village Fatehpur against the wishes of the family of her husband. This led to bitterness between the two families, as a result of which the deceased shifted with his sister to another village and took up residence in Gambat. Thereafter, Mst. Hawa obtained divorce from Mitho and married one Gullo Jagirani. This is the motive alleged for the murder which took place during the night of the 15th and the 16th of October 1969, at about 1-00 a.m. At the `makan' of one Faqir Varial in village Detal Abro where a dance was being held. The deceased had accompa--nied his uncle Ilahi Bakhsh and two others of village Fatehpur to watch the dance. At about 1-00 a.m.,…

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