Hasham Khan and others vs Chana Gul — 1964 PLD 54

Citation: 1964 PLD 54

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Headnotes

Case cited as PLD 1964 SC 54

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Salahuddin Ahmad, Hamoodur Rahman, Sajjad Ahmad Jan, Sheikh JUDGMENT Reported As: 1972 SCMR 657 Result: Appeal dismissed Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-This appeal, by special leave, arises out of the judgment of a Division Bench of the High Court of Peshawar upholding in appeal and reference the convictions of the appellants herein and confirming the sentences of oath inflicted upon them. The appellants were charged for having caused the death of one Chana Gul on the 24th of August 1968, in furtherance of their common intention, at about 8-30 a.m., in village Parshai within Police Station Gambat in the District of Kohat. It is alleged that some 4 or 5 years before the occurrence the appellant Hasham Khan molested a daughter of the deceased and in retaliation thereof Chamba Gal and his brother, the sons of the deceased, molested the wife of Hasham Khan, and it is for this reason that the appellants had killed the deceased by firing at him with their topaks from a distance of about 25 paces when the deceased was going from the side of the patwarkhana towards the village mosque. The report was lodged at 10-30 a.m. Of the same day at Gambat Police Station, which is 17 miles away. The nearest police post is at Khushal Garh at a distance of 7 or 8 miles from the place of the occurrence, but the crime could not be reported there, as no police officer was found present there. The deceased had five entrance wounds on top of…

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