KHALIL KHAN vs THE STATE — 1970 PLD 24

Citation: 1970 PLD 24

Court: Peshawar High Court

Year: 1969

Decision Date: 1969-07-15

Parties: KHALIL KHAN vs THE STATE

Headnotes

Case cited as PLD 1970 Peshawar 24

Judgment Text

Court Name: Peshawar High Court Judge(s): Qaisar Khan, Shah Zaman Babar Title: KHALIL KHAN vs THE STATE Case No.: Criminal Appeal No. 222 of 1968 Date of Judgment:1969-07-15 Reported As: PLD 1970 Peshawar 24 Result: Appeals accepted JUDGMENT JUDGMENT SHAH ZAMAN BABAR, J.-Khalil Khan (30), son of Mukarram Khan, Masal (28), son of Abdul Ghani, and Abdul Wahid (28), son of Madin, all residents of village Gulbela, Tehsil Peshawer, stood trial under section 302/34, P. P. C. For the murder of Tamash Khan, son of Abdul Ghani, resident of Ambadher, and under section 307/34, P. P. C. For having attempted at the life of Fazal Dad P. W. By firing at them on the 27th of June 1967, in the area of village Ambadher distance 3/4 miles from Police Station Batagram, Tehsil Charsadda, in furtherance of their common intention. The trial was held by Mr. Muhammad Khurshid Khan, Additional Sessions Judge, Peshawar, who by his judgment dated 28th November 1968, found the three accused guilty of offences under sections 302/34 and 307/34, P. P. C. And convicted them accordingly. Khalil Khan being the principal accused, was sentenced to death, subject to confirmation by the High Court. Masal and Abdul Wahid accused were sentenced to transportation for life each. All the three accused were sentenced to three years R. I. Each under section 307/34, P. P. C. In case of Khalil it was ordered that the sentence of imprisonment should commence if and when the death sentence is not confirmed by the High…

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