HABIBULLAH vs The STATE — 1971 SCMR 341

Citation: 1971 SCMR 341

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-04-08

Parties: HABIBULLAH vs The STATE

Headnotes

Case cited as 1971 SCMR 341

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title: HABIBULLAH vs The STATE Case No.: Criminal Appeal No. 5-P of 1971 Date of Judgment:1971-04-08 Reported As: 1971 SCMR 341 Result: Sentence reduce JUDGMENT JUDGMENT MUHAMMAD YAQUB ALI, J.-The appellant was charged along with one Sattar Khan under section 302 read with section 34, P. P. C. For the murder of Bhangi Khan. The trial Court convicted them both and sentenced each to suffer the penalty of death primarily on the basis of their retracted Judicial confessions and recovery of a dagger stained with human blood at the instance of the appellant. On appeal and reference under section 374, Cr. P. C., a Division Bench of the High Court of N.-W. F. P., arrived at the conclusion that the conviction of Sattar Khan could not be based on his retracted confession alone and giving him the benefit of doubt acquitted him. The case of the appellant, however, stood on a different footing. He had led to the recovery of a dagger buried in the field of one Mohammad Shah which, on examination, was found to be stained with human blood. His conviction and sentence were, accordingly, confirmed. Leave to appeal was granted to the appellant on 4-8-1970 on a Jail Petition to consider: (i) whether retracted confession made by the appellant was corroborated by satisfactory evi--dence; and (ii) whether the sentence awarded to the appellant was legal. On examining the record and hearing…

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