SAID AKBAR vs The STATE — 1970 SCMR 768

Citation: 1970 SCMR 768

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-03-24

Parties: SAID AKBAR vs The STATE

Headnotes

Case cited as 1970 SCMR 768

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman Title: SAID AKBAR vs The STATE Case No.: Petition for Special Leave to Appeal No. 2-P of 1970 Date of Judgment:1970-03-24 Reported As: 1970 SCMR 768 Result: Petition dismissed JUDGMENT JUDGMENT HAMOODUR RAHMAN, C. J.-The petitioner has been convicted for the murders of his step brother and cousin sister. The brother Mohammad Akbar was killed in the early hours of the morning of the 15th August 1961 when he was on his way to the mosque to offer his morning prayers. The petitioner, it is alleged, was stand--ing in a gully from where he fired twice in succession at the deceased and hit him on the back. This was witnessed according to the First Information Report by two persons, Abdul Ghani and Alif Din. The motive for the crime alleged is that there was a dispute between them over their joint lands. The cousin sister, Mst. Amina Bibi, was killed on the same day but somewhat later when she was returning to the village from the fields. She saw the petitioner coming from in front armed with a Topak and accompanied by another unknown person. She asked him as to why they had murdered her brother Mohammad Akbar whereupon the petitioner fired at her and injured her. She was carried to the Police Station. There she made her own dying declaration. Her statement was recorded in the same First Information Report which was earlier recorded on the statement of Mohammad Akbar. It appears that Mst. Amina Bibi…

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