KHANWADA vs THE STATE — 1971 PLD 13

Citation: 1971 PLD 13

Court: Peshawar High Court

Year: 1970

Decision Date: 1970-12-04

Parties: KHANWADA vs THE STATE

Headnotes

Case cited as PLD 1971 Peshawar 13

Judgment Text

Court Name: Peshawar High Court Judge(s): Bashir-ud-Din Ahmad Khan, Shah Zaman Babar Title: KHANWADA vs THE STATE Case No.: Criminal Appeal No, 148 of 1969 Date of Judgment:1970-12-04 Reported As: PLD 1971 Peshawar 13 Result: Appeal dismissed JUDGMENT JUDGMENT BASHIRUDDIN AHMAD, C. J.--Khanwada (30), Pio Khan (48) and Gulat Khan (45) were tried for the murder of Shahadat Khan in furtherance of their common intention, on 19-2-68 by the Additional Sessions Judge, Kohat, who acquitted Pio Khan and Gulat Khan. He convicted Khanwada under section 304 (II), P. P. C., and sentenced him to undergo R. I. for a period of 10 years. 2. The convicted person appealed and a learned Single Judge ordered on 13-8-'69 that a notice be issued to Khanwada to show cause why the sentence of imprisonment awarded to him be not enhanced. We propose to dispose of the appeal and the suo motu Criminal Revision (No, 189-A of 1969) by a Single judgment. 3. The facts of the case, shortly stated, are that the deceased had beaten his daughter-in-law, Mst. Lalzo, who is the sister of the appellant. She left the house of the deceased and went to the house of her brother. Eight days later, the deceased accompanied by his wife, Mst. Lal Sima, went to the house of the appellant at morning meal time to bring back Mst. Lalzo to his house. The house in which the appellant lived is at a distance of about 50 to 100 paces from the house of the deceased. Mst. Arab Jan, a daughter of Shahadat Khan, is married to the…

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