GUL RASUL vs TAZA GUL — 1971 PLD 75

Citation: 1971 PLD 75

Court: Peshawar High Court

Year: 1971

Decision Date: 1971-02-11

Parties: GUL RASUL vs TAZA GUL

Headnotes

Case cited as PLD 1971 Peshawar 75

Judgment Text

Court Name: Peshawar High Court Judge(s): Qaisar Khan, Bashir-ud-Din Ahmad Khan Title: GUL RASUL vs TAZA GUL Case No.: Criminal Revision No, 269 of 1969 Date of Judgment:1971-02-11 Reported As: PLD 1971 Peshawar 75 Result: Order accordingly JUDGMENT JUDGMENT BASHIRUDDIN AHMAD, C. J.--Taza Gul (50) was tried for the murder of Ghulam Mohammad and attempted murder of Mohammad Gul and Khaista Gul on March 29, 1967, by the Addl. Sessions Judge, Mardan, who convicted and sentenced him under section 304, Part I, P. P. C. to undergo rigorous imprisonment for a period of eight years plus a fine of Rs, 1,000.00 or in default of payment thereof to undergo R. I. for a further period of two years. He was also held guilty on two counts under section 307, P. P. C. and was sentenced to undergo rigorous imprisonment for a period of five years on each count. The sentences of imprisonment were ordered to run concurrently. 2. The convicted person did not appeal against his conviction or the sentences. Gul Rasul preferred Criminal Revision No, 269 of 1968 for retrial of Taza Gul for the offence under section 302, and in the alternative for enhancing the sentence awarded to him under section 304, Part I and also under section 307, P. P. C. On October 5, 1970, a learned Single Judge ordered the issuance of a notice to Taza Gul to show cause why he should not be retried for offences under sections 302, and 307, P. P. C. or in the alternative the sentences awarded to him under section 304, Part I,…

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