1968 SCMR 377 (PLP)
RAHIM KHAN AND ANOTHER-Petitioners Versus THE STATE-Respondent
| Citation | 1968 SCMR 377 (PLP) |
| Forum / Court | High Court |
| Bench Members | A. R. Cornelius, C.J., and Fazle-Akbar, J |
| Parties | RAHIM KHAN AND ANOTHER-Petitioners Versus THE STATE-Respondent |
Q1: What are the key laws and sections cited in 1968 SCMR 377 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1968 SCMR 377 (PLP)?
The case was heard and decided by the High Court bench comprising: A. R. Cornelius, C.J., and Fazle-Akbar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1968 SCMR 377 (PLP) (RAHIM KHAN AND ANOTHER-Petitioners Versus THE STATE-Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Nasiruddin, Advocate Supreme Court instructed by Vakil Ahmad kidwai, Attorney for Petitioners.
Headnotes / Summary
(On appeal from the judgment and order of the High Court of West Pakistan Karachi Bench, Karachi, dated the 18th May 1967, in Criminal Appeal No. 399 of 1966/Confirmation Case No. 83 of 1966). Penal Code (XLV of 1860), S. 302-Conviction based on evidence properly scrutinized by Courts below-Petition for Special Leave to Appeal to Supreme Court on some small points going to appreciation of evidence-Refused. Nemo for the State.
Judgment & Decree
CORNELIUS, C. J.-The convictions of the petitioners Rahim Khan and Hussain Bakhsh for the murder of one Batio Khan and robbery of his goods is founded on: (1) judicial confessions by both petitioners, duly recorded without loss of time and held by the Courts below to be both voluntary as well as true; (2) the recovery of the dead body of Batio Khan, with necessarily fatal injuries apparent despite decomposition; (3) the recovery at the instance of the petitioners, from a Place of hiding of a box containing the merchandise which Ballo Khan was hawking around the villages for his livelihood; and (4) the recovery at the instance of Husain Bakhsh petitioner of a hatchet with a broken handle, the broken off piece of which had earlier been recovered from the pit in which the dead body was buried. This evidence, and the supporting evidence and the surrounding circumstances have been fully considered and scrutinized in accordance with correct principle by the Courts below, and have been held to establish the charges beyond doubt. The accused denied everything, including their confessions. Mr. S. Nasiruddin raised some small points going merely to appreciation of the evidence for the prosecution in support of a prayer for leave to appeal against the decision of the High Court. The judicial confessions were rightly accepted, in our view, and the further circumstances in support, in the shape of material recoveries were sufficient to establish the guilt of the petitioners beyond doubt. The petition is dismissed. Petition dismissed.