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SHER ALI vs The STATE — 1971 SCMR 676

Citation: 1971 SCMR 676

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: SHER ALI vs The STATE

Headnotes

Case cited as 1971 SCMR 676

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Mujibur Rahman Khan, Sajjad Ahmad Jan Title: SHER ALI vs The STATE Case No.:Criminal Appeal No. 183 of 1970 Petition for Special Leave to Appeal No. 215 JUDGMENT Reported As: 1971 SCMR 676 Result: Petition dismissed Judgment JUDGMENT M. R. KHAN, J.--The petitioner and his two brothers were convicted under section 302/34 of the Pakistan Penal Code for having committed the murder of Muhammad Aslam and sentenced to transportation for life, each. On appeal, the High Court gave the benefit of doubt to the petitioner's brothers and acquitted them, but maintained his conviction and sentence. Sometime before the occurrence on the 20th May 1968, Muhammad Aslam, deceased went to the shop of the petitioner's father Dalil Khan to purchase tobacco where Mst. Ghulam Zohra, the sister of the petitioner was looking after the sale. It was alleged that the deceased misbehaved with Mst. Ghulam Zohra which offended the petitioner and his brothers. They demanded the hand of the deceased's sister by way of settlement. This was not agreed to. Thereupon, the petitioner and his brothers went to the house of Muhammad Aslam, deceased at digarwela on the date of occurrence. The petitioner, who was then armed with a gun, fired at Muhammad Aslam which caused his instan--taneous death. The shots said to have been fired by the peti--tioner's brothers missed the deceased. On these allegations, the petitioner and his brothers were tried for the offence of…

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