FAZAL AHMAD Alias PHALLU vs The STATE — 1971 SCMR 222

Citation: 1971 SCMR 222

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-03-02

Parties: FAZAL AHMAD Alias PHALLU vs The STATE

Headnotes

Case cited as 1971 SCMR 222

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman, Sajjad Ahmad Jan Title: FAZAL AHMAD Alias PHALLU vs The STATE Case No.: Criminal Appeal No. 76 of 1970 Criminal Appeal No. 178 of 1969 Date of Judgment:1971-03-02 Reported As: 1971 SCMR 222 Result: Appeal accepted JUDGMENT JUDGMENT WAHIDUDDIN AHMAD, J.--This appeal by special leave is directed against the judgment and order of the High Court of West Pakistan, Lahore, dated the 15th October 1969, in Criminal Appeal No. 178 of 1969/Murder Reference No. 58 of 1969. By this judgment the appeal was dismissed and the death sentence of the appellant was confirmed. Appellant Fazal Ahmad alias Phallu was convicted by the Sessions Judge, Jhelum for committing lurking house trespass and the murder of Mst. Rajan on the night intervening 29th and 30th June 1968. He was sentenced under section 458, P. P. C., to 7 years' rigorous imprisonment and under section 302, P. P. C. To sentence of death. The appellant challenged this judgment in the above- mentioned appeal but it was dismissed and the death sentence was confirmed. The prosecution case is that the appellant who was carrying on love affair with the deceased was desirous of taking her away from the house of her husband but she was not prepared to leave her children and refused to go with him. It is alleged that on the night of the alleged occurrence, the appellant committed lurking house trespass and approached the deceased on the roof of her house…

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