FAIZULLAH KHAN GHAZI MARJAN vs THE STATE FAIZULLAH KHAN AND Another — 1972 SCMR 635

Citation: 1972 SCMR 635

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: FAIZULLAH KHAN GHAZI MARJAN vs THE STATE FAIZULLAH KHAN AND Another

Headnotes

Case cited as 1972 SCMR 635

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): N/A Title: FAIZULLAH KHAN GHAZI MARJAN vs THE STATE FAIZULLAH KHAN AND Another Case No.: Cr. Appeal No. 6-P of 1970 P. S. L. A. No. 21-P of 1970 P. S. L. A. No. 21-P of 1970 Date of Judgment:- Reported As: 1972 SCMR 635 Result: Leave refused JUDGMENT JUDGMENT SAJJAD AHMAD, J.-Faizullah Khan, the appellant herein, was acquitted by the Sessions Judge, Derajat, of the charge of having murdered his relation Muhammad Azim. On appeal by the State under section 417, Cr. P. C., a Division Bench of the former High Court of West Pakistan, Peshawar Bench, found him guilty and sentenced him to transportation for life. This appeal by Faizullah Khan is as of right, and there is a cross petition for leave to appeal (No. 21-P of 1970) filed by Ghazi Marjan, a brother of the deceased, by which he has sought the enhancement of the appellant's sentence to death. This judgment will dispose of both the appeal and the leave petition mentioned above. The appellant's brother named Khan Zaman was also named as co-accused in this case. He has absconded and is stated to be still at large. Muhammad Azim, deceased, and the appellant were related to each other. They were also co- sharers in agricultural land along with P. W. Sher Jang and his son P. W. Mashal Khan, who were related to both the parties in varying degrees. Sher Jang's father is the real brother of the grandfather of the appellant, and he is a uterine brother of the deceased. According to…

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