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SATTAR K14AN AND Another vs THE STATE — 1970 PLD 5

Citation: 1970 PLD 5

Court: Peshawar High Court

Year: 1970

Decision Date: 1970-04-23

Parties: SATTAR K14AN AND Another vs THE STATE

Headnotes

Case cited as PLD 1970-5

Judgment Text

Court Name: Peshawar High Court Judge(s): Qaisar Khan, Shah Zaman Babar Title: SATTAR K14AN AND Another vs THE STATE Case No.: Criminal Appeal No. 120 of 1969 Date of Judgment:1970-04-23 Reported As: PLD 1970 Peshawar 185 Result: Order accordingly JUDGMENT JUDGMENT SHAH ZAMAN BABAR, J.-Sattar Khan, aged 18 years son of Mirbaz, case Pashtoon, and Habibullah, aged 17 years, son of, Shukre Alain, case Jat, both residents of Mangala, District Bannu, stood trial under section 302/34, P. P. C. And under section 13 of the Arms Ordinance for the murder of Bhangi Khan, aged about 22 years, son of Khan Bahadur of the same village, which occurred on 24-3-1968 after rotiwela. The trial was held by the Sessions Judge, Derajat, who by his judg--ment dated 24- 6-1969, convicted both the accused under section 302 read with section 34, P. P. C. And sentenced each of them to suffer death subject to the confirmation of the High Court. Both the accused were acquitted of the charge under section 13 of the Arms Ordinance. 2. The two condemned-convicts have appealed. Proceedings for the confirmation of the death sentences are also before us. This judgment will dispose of the appeal and the murder reference. 3. Mir Zalam (P. W. 3) and A.I Khan (P. W. 4) are real brothers. Bhangi Khan deceased, son of Khan Bahadur and Sattar Khan appellant, son of Mirbaz are both nephews of the two P. Ws. Habibullah appellant is stated to be a friend of Sattar Khan appellant. All of them are residents of village…

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