ABDUR REHMAN vs GADAI KHAN AND 5 Other Case No — 1970 SCMR 614

Citation: 1970 SCMR 614

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-03-27

Parties: ABDUR REHMAN vs GADAI KHAN AND 5 Other

Headnotes

Result: Order accordingly Judgment ORDER M. KHAN, J.-Gadai Khan, Ashraf Khan and Ajab Khan (respondents Nos.

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Mujibur Rahman Khan, Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title: ABDUR REHMAN vs GADAI KHAN AND 5 Other Case No.: Petition for Special Leave to Appeal No. 37-P of 1969 Date of Judgment:1970-03-27 Reported As: 1970 SCMR 614 Result: Order accordingly Judgment ORDER M. R. KHAN, J.-Gadai Khan, Ashraf Khan and Ajab Khan (respondents Nos. 1 to 3 herein) along with Fariq Khan and Muhammad Irfan (respondents Nos. 4 and 5 herein) were tried for offences under sections 302, 307 and 325, read with section 149 of the Pakistan Penal Code. Of them, the res-- pondents Nos. 1 to 3 were convicted under sections 302/34, 307/34 and 325/34 of the Pakistan Penal Code and each of them was sentenced to death under section 302/34 on two counts for committing the murders of Dadan and Mahmud, rigorous imprisonment for 10 years under section 307/34 on three counts and 3 years' rigorous imprisonment under section 325/34. Fariq Khan and Muhammad Irfan, the remaining two co-accused were, however, acquitted. The respondents Nos. 1 to 3 preferred an appeal against their convictions and sentences. Abdur Rehman's, the present petitioner who is a brother of the two deceased made a revisional application against the trial Court's order acquitting Fariq Khan and Muhammad Irfan. The appeal of the convicts and the said revisional application were heard along with the death reference and were disposed of by a single judgment of a Division Bench of the High…

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