Darey Khan vs Abdul Jalil — 1972 SCMR 578

Citation: 1972 SCMR 578

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Headnotes

Case cited as 1972 SCMR 578

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Salahuddin Ahmad, Hamoodur Rahman, Sajjad Ahmad Jan, Sheikh JUDGMENT Reported As: 1972 SCMR 578 Result: Appeal allowed Judgment JUDGMENT ANWARUL HAQ, J.-The two appellants, Darey Khan and his brother Abdul Jalil, were convicted under section 302/34, P. P. C. By the learned Sessions Judge, Peshawar, for the murder of one Ranra Khan and sentenced to death. In appeal their convictions were maintained by a Division Bench of the Peshawar High Court by its order dated the 18th of November 1970, but the sentence of Abdul Jalil was converted into one of transporta--petition for life on the ground that being the younger brother he appeared to have acted under the influence of Darey Khan. The case for the prosecution was that there was enmity between the parties owing to the murder of Jamil, a brother of the appellants, 8 or 10 years ago by Nek Amel, father of Faqir Mohammad (P. W. 1) and two others. Nek Amal absconded while the others were acquitted. Nek Amal was a first cousin of Ranra Khan deceased. It was also alleged that there were other disputes between the two families over land and women. On the 24th of June 1968, the deceased Ranra Khan was busy at his threshing floor in village Adezai when at digarwela the two appellants fired a shot each with their rifles at the deceased, mortally wounding him. The deceased was immediately taken on a cot to Mattani Police Station, at a distance of three miles, where he himself reported the…

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