Kachkol vs The State — 1972 SCMR 574

Citation: 1972 SCMR 574

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Headnotes

Case cited as 1972 SCMR 574

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Salahuddin Ahmad, Hamoodur Rahman, Sajjad Ahmad Jan, Sheikh JUDGMENT Reported As: 1972 SCMR 574 Result: Petition dismissed Judgment JUDGMENT SAJJAD AHAMAD, J.--The respondent, Kachkol, was tried for the murder of one Zar Muhammad by the learned Sessions Judge, Peshawar, who found him guilty and sentenced him to death. He was, however, acquitted on appeal by the High Court (Peshawar), leading to this petition for special leave to appeal against the acquittal order. The murder of Zar Muhammad took place at 6 a.m. When be was going on his bicycle to attend to his duty in the Kheshki Military Farm, where he was employed as a Mali. He was fired at by the respondent with a topak and was hit in the left lumbar area, suffering 6 fire-arm entrance wounds on the left lumbar area and 6 corresponding exit wounds over left side of abdomen, He was taken to the Police Station, Nowshera Kalan, where his statement was recorded as the First Information Report, in which he charged the respondent for firing at him, stating further that he was at the time accompanied by Babar and Saleh, P. Ws., who had witnessed the occurrence. The motive alleged was that by firing at the deceased, the respondent had avenged the murder of his brother-in-law, Bacha, for which Zar Muhammad, deceased, was charged and convicted. The evidence against the respondents produced at the trial consisted of the deceased Zar Muhammad's First Information Report, which on his…

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