THE STATE vs KHAN BEG AND 5 Other — 1970 SCMR 353

Citation: 1970 SCMR 353

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-01-15

Parties: THE STATE vs KHAN BEG AND 5 Other

Headnotes

Case cited as 1970 SCMR 353

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Mujibur Rahman Khan, Sajjad Ahmad Jan Title: THE STATE vs KHAN BEG AND 5 Other Case No.: Criminal Appeal No. 28 of 1969 Date of Judgment:1970-01-15 Reported As: 1970 SCMR 353 Result: Appeal dismissed JUDGMENT JUDGMENT M. R. KHAN, J.-This appeal, by special leave granted at the instance of the State, is directed against the judgment and order of a Division Bench of the High Court of West Pakistan, Lahore, setting aside the convictions and sentences of the six respondents herein, under sections 302/149 and 148 of the Pakistan Penal Code and acquitting them of the charges under those sections. The respondents Khan Beg, Dildar, Shah Beg, Zilla, Langu and Mammu were convicted under section 302/149 of the Pakistan Penal Code by the Sessions Judge of Sargodha for committing the murders of Shahu and his two sons Salabati and Moliabati and each of them was sentenced to death on three counts for those murders. They were also convicted under section 148 of the Pakistan Penal Code and sentenced to one year's rigorous imprisonment, each. On appeal and reference, the learned Judges of the High Court set aside the convictions and sentences and acquitted all the respondents, giving them the benefit of doubt. A petition for special leave to appeal against the High Court's order of acquittal was made on behalf of the State. Leave was sought mainly on the ground that some inadmis--sible evidence was relied on by the learned…

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