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1987 SCMR 42

MUHAMMAD SIDDIQ vs The STATE

Citation1987 SCMR 42
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Special Leave to Appeal No. 97 of 1982 Criminal Appeal
Date1987-10-12
Judge(s)Muhammad Afzal Zullah, Aslam Riaz Hussain
ResultPetition dismissed

ORDER

ASLAM RIAZ HUSSAIN, J.--Muhammad Siddiq petitioner was tried for the murder of Arshad Mahmood. He was convicted under section 302, P.P.C. And sentenced to imprisonment for life and a fine of Rs.5,000. His appeal was dismissed by the High Court.

2. The motive of offence is stated to be that Muhammad Siddiq accused and Arshad Mahmood deceased were students of 10th Class in Salim Model High School, Lahore. The accused advanced some money to the deceased which was not repaid. The name of the accused was struck off from the roll of the school in May, 1974 but he occasionally visited the school. On 28-9-1974, the accused again came to the school where a fight took place between him and the deceased in the class- room. They were separated. Later on at about 10-30 p.m., when the deceased came out of the school he was attacked by the accused Muhammad Siddiq. The accused gave him three injuries with the Chhuri one of which landed on the thigh while the two on the buttock. The femoral artery having been cut underneath the injury on the thigh the deceased died in the Mayo Hospital, at 11- 22 a.m.

3. In support of its case the prosecution relied on the testimony of eye-witnesses namely (1)

Muhammad Saeed P.W. 1 and Murid Hussain H.C. P.W. 2; and Tipu Sultan P.W. 6; recovery of the blood-stained Chhuri P.1 from the accused; medical evidence and the evidence of motive.

The trial Court relied on this evidence and convicted and sentenced the accused as mentioned above.

4. We have heard the learned counsel for the petitioner in support of this petition at some length.

The contentions raised by him only amount to a request for reappraisal of evidence on questions of fact. In the facts and circumstances of this case we do not consider it a fit case for entering into this exercise.

The petition is consequently dismissed.

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