MUHAMMAD SADIQ vs The STATE — 1970 SCMR 851

Citation: 1970 SCMR 851

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-03-24

Parties: MUHAMMAD SADIQ vs The STATE

Headnotes

Case cited as 1970 SCMR 851

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman Title: MUHAMMAD SADIQ vs The STATE Case No.: Petition for Special Leave to Appeal No. 35-F of 1969 Date of Judgment:1970-03-24 Reported As: 1970 SCMR 851 Result: Petition dismissed JUDGMENT JUDGMENT HAMOODUR RAHMAN, C. J.-The petitioner aged 17 or 18 years has been convicted under section 302 of the Pakistan Penal Code for the murder of his co-villager Murtaza aged 16 or 17 years, and sentenced to death. On appeal and reference the High Court has upheld his conviction and confirmed his sentence. He now seeks special leave to appeal. The petitioner at the trial admitted that he gave the fatal blow to the deceased but stated that it was given in entirely different circumstances. According to him at khurtan time when he was guarding the melon crop in the field of his maternal uncle the deceased, who was some two years ago a class-mate of his, came to him and suggested that he should submit to his lust. He refused. Thereupon the deceased drew out a knife for attacking him, He had a small knife with him and in self-defence he gave one blow with it to the deceased and ran away towards the village. The prosecution case, on the other hand, was that on the 27th June 1967, at about 9-30 p.m. When the deceased had gone to the fields for easing himself, it was the petitioner who stopped him and demanded that the deceased should submit to his lust. On his refusal the petitioner drew out a knife and…

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