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Petitioner: MAJHI VS Respondent: The STATE
Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title: MAJHI vs The STATE Case No.:Petition for Special Leave to Appeal No. 296 of l909 Criminal Appeal No. 175
of 1969 Date of Judgment:1970-01-27 Reported As: 1970 SCMR 331 Result: Petition dismissed Judgment ORDER MUHAMMAD YAQUB ALI, J.-The petitioner has been sentenced to death for the murder of Mst. Budhai on 4-6-1968 in village Sangra, district Jhang. The deceased was a woman of loose character. She at first formed illicit intimacy with the petitioner, but she soon discarded him and made a liaison with Rehman's, the village barber. Attempts made by the petitioner to dissuade the deceased from carrying on with her new paramour having failed to invoke any response, he felt provoked and finding the deceased alone in her house at pesh1wela strangulated her to death. The alarm raised by the deceased attracted her uncle Sultan, P. W. 7,Mazhar Hussain, P. W. 8, and Muhammad Hussain, P.W. 9. They actually succeeded in apprehending him and latter on made him over to the police officer who visited the spot after recording the F. I. R., lodged by P. W. 7 at 4 p.m. Courts below have found no enmity between the three eye--witnesses and the petitioner. None had, therefore, any motive to falsely implicate the petitioner on a capital charge. The grounds raised in the petition for leave to appeal go to mere appreciation of evidence which do not warrant interference with the conviction of the petitioner by this Court. The petition is dismissed.
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