SULTAN MUHAMMAD vs THE CROWN — 1970 SCMR 242

Citation: 1970 SCMR 242

Court: Supreme Court of Pakistan

Year: 1953

Decision Date: 1953-02-10

Parties: SULTAN MUHAMMAD vs THE CROWN

Headnotes

Case cited as 1970 SCMR 242

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Muhammad Shahabuddin, Sir Abdul Rashid, Alvin R. Cornelius Title: SULTAN MUHAMMAD vs THE CROWN Case No.: Criminal Appeal No. 14 of 1952 Date of Judgment:1953-02-10 Reported As: 1970 SCMR 242 Result: Appeal dismissed JUDGMENT JUDGMENT CORNELIUS, J.-The appellant is one Sultan Muhammad, whose conviction under section 302, P.P.C. And sentence of death awarded by an Additional Sessions Judge of Peshawar were confirmed by the Judicial Commissioner of the N.-W. F. P., along with convictions and sentences on other minor charges. We are informed that the death sentence has been commuted to transpor--tation for life by the Provincial Government. Sultan Muhammad's petition for special leave to appeal, which was filed through the jail was allowed, for the specific) purpose of examining whether adequate consideration had been given to the point of the right of private defence, in favour of the appellant. On examining the record, we find that the plea of self-defence was not raised at any time during the trial or the A preceding enquiry on behalf of the appellant. Certain matters appear in the prosecution evidence which go to support such a possibility, and it therefore becomes necessary to consider whether, and if so to what extent, the act of the accused is covered by the right in question. It has been found by the learned Judicial Commissioner, that Sultan Muhammad with a single shot from a rifle, voluntarily caused the death of one…

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