MUHAMMAD HUMAYUN vs THE STATE — 1969 SCMR 85

Citation: 1969 SCMR 85

Court: Peshawar High Court

Year: 1971

Decision Date: 1971-06-30

Parties: MUHAMMAD HUMAYUN vs THE STATE

Headnotes

Case cited as 1969 SCMR 85

Judgment Text

Court Name: Peshawar High Court Judge(s): Qaisar Khan, Bashir-ud-Din Ahmad Khan Title: MUHAMMAD HUMAYUN vs THE STATE Case No.: Criminal Appeal No, 212 and Murder Reference No, 69 of 1970 Date of Judgment:1971-06-30 Reported As: PLD 1971 Peshawar 182 Result: Appeal accepted JUDGMENT JUDGMENT BASHIRUDDIN AHMAD, C. J.--Saleem alias Muhammad Humayun (18) was tried for the murder of Muhammad Yousaf on June 1, 1970, at village Pachagi, by the Additional Sessions Judge, Peshawar, who convicted and sentenced him under section 302, P. P. C. to suffer death. 2. The condemned person appealed and the case is also before us on reference under section 374, Cr. P. Code, for confirmation of the death sentence. This judgment will dispose of the appeal as well as the reference. 3. The prosecution story, briefly narrated, is that, on the eventful day, at 9-45 a. m., the deceased was going towards his house when he came across the appellant near the house of one Khan and fired three shots with a pistol, out of which two hit the deceased. Muhammad Yousaf son of Ghulam Muhammad saw the occurrence. He placed the deceased on a cot. Muhammad Yunus, father of the deceased also came up on hearing fire-shots. The motive for the assault was that shortly before the occurrence, deceased, who had been engaged as a labourer by Nauroz son of Ghulam Muhammad, was constructing a shed. The appellant happened to pass that way carrying on his head a bundle of grass. The deceased looked towards the appellant and…

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