MUHIB GUL vs THE STATE — 1971 PLD 50

Citation: 1971 PLD 50

Court: Peshawar High Court

Year: 1970

Decision Date: 1970-11-18

Parties: MUHIB GUL vs THE STATE

Headnotes

Case cited as PLD 1971 Peshawar 50

Judgment Text

Court Name: Peshawar High Court Judge(s): Bashir-ud-Din Ahmad Khan, Shah Zaman Babar Title: MUHIB GUL vs THE STATE Case No.: Criminal Appeal No, 176 of 1969 Date of Judgment:1970-11-18 Reported As: PLD 1971 Peshawar 50 Result: Appeal dismissed JUDGMENT JUDGMENT SHAH ZAMAN BABAR, J.--Mohib Gul, aged 40 years, resident of village Manga, District Mardan, was charged under sections 379/34 and 302/34, P. P. C. in that on 2-7-1966, at about 11 p. m. in village Manga, he in furtherance of his common intention with the absconding accused Lalzada and Haji Mohammad, committed the theft of Rs, 500 and also committed the murder of Mania Bakhsh. Mohib Gul was tried by the Additional Sessions Judge, Mardan, who by his judgment dated 24-7- 1969 found him guilty of both the offences. He convicted Mohib Gul under section 302/34, P. P.C. and sentenced him to transportation for life. He also convicted him under section 379/34, P. P. C. and sentenced him to undergo two years' R. I. Both the sentences were ordered to run concurrently. 2. Mohib Gul convict has come up on appeal. 3. Manta Bakhsh deceased was a brother of Gulab (P. W. 8) and Abdul Ghafur (P. W. 11). Rehmatullah (P. W. 9 ) and Ghulam Hussain, both brothers inter se, are the sons of their aunt "phupi". P. W. Abdul Ghafur, son of Allandad (not examined), is the son of their maternal uncle. All the 6 originally belong to Marijalwal, District Campbellpur. All the six were partners/ hawkers in sale of old and new aluminium utensils,…

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