THE STATE vs CHIRAGH SHAH AND 4 OTHERS — 1971 PLD 233

Citation: 1971 PLD 233

Court: Peshawar High Court

Year: 1971

Decision Date: 1971-07-12

Parties: THE STATE vs CHIRAGH SHAH AND 4 OTHERS

Headnotes

Case cited as PLD 1971 Peshawar 233

Judgment Text

Court Name: Peshawar High Court Judge(s): Ghulam Safdar Shah Title: THE STATE vs CHIRAGH SHAH AND 4 OTHERS Case No.: Criminal Reference No, 257 of 1969 Date of Judgment:1971-07-12 Reported As: PLD 1971 Peshawar 233 Result: Reference answered JUDGMENT JUDGMENT This reference by the Sessions Judge, Derajat Division, D. I. Khan, dated 17-10-1969 arises under the following circumstances. By his order dated 9-4-1969 Mr. Fida Mohammad Khan, Magistrate 1st Class, D. 1. Khan, committed the respondents to the Court of Session on two counts under section 302/34, P. P. C. for having murdered two persons, namely Mst. Bibi Jana, the wife of respondent Chiragh Shah, and Karim Bakhsh alias Karima. Respondent Chiragh Shah was separately charged for the two murders under section 302, P. P. C. whereas the rest of the respondents were jointly charged with him on both the counts under section 34, P. P. C. The learned Sessions Judge after he went through the evidence on record, noted that according to the prosecution's own case respondent Chiragh Shah had first murdered his wife Mst. Bibi Jana and after about half an hour, when the other respondents who are his father, uncle, and brothers, came to know of that incident they came to the house of Chiragh Shah, sent for deceased Karima to his house and then murdered him. Upon these facts the learned Sessions Judge was of the view that the two murders in question were distinct offences, being separate from each other by about half an hour's time,…

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