Ahmad Bakhsh vs Falak Sher, Hashim and Allah Ditta — 1971 PCRLJ 429

Citation: 1971 PCRLJ 429

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Headnotes

Case cited as 1971 PCRLJ 429

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Waheeduddin Ahmad, Hamoodur Rahman, Mujibur Rahman Khan, Sajjad JUDGMENT Reported As: 1971 P Cr. L J 429 Result: Appeal dismissed Judgment JUDGMENT M. R. KHAN, J.-Falak Sher, Hashim and Allah Ditta (res--pondents Nos. 1 to '3) were tried by the Sessions Judge, Multan, under section 302/34 of the Pakistan Penal Code for committing the murder of Ahmad Bakhsh. They were con--victed for the offence of murder. Of them, Falak Sher was sentenced to death, but Hashim and Allah Ditta were sentenced to transportation for life and were also fined Rs. 200, each and, in default, rigorous imprisonment for six months, each. On appeal and reference, the High Court of West Pakistan, Lahore, set aside their convictions and sentences and acquitted them. The parents of Ahmad Bakhsh, deceased made a petition for special leave to appeal against the High Court's order acquitting the respondents Nos. 1 to 3. In view of some special features of the case, leave was granted to re-examine the evidence for safe dispensation of justice. After the grant of leave, the learned Advocate-General appeared on behalf of the State to support the present appeal. The occurrence took place on the Ist of May 1965, at about peshiwela, in Chak No. 5/9-R, District Multan. A short-while, before the incident, Ahmad Bakhsh, deceased was threshing wheat in their threshing floor, and his father Nur Muhammad was clearing weeds from his nearby field. At that the, Allah Ditta…

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