GULABAT KHAN vs THE STATE — 1955 PLD 170

Citation: 1955 PLD 170

Court: Peshawar High Court

Year: 1970

Decision Date: 1970-08-10

Parties: GULABAT KHAN vs THE STATE

Headnotes

Case cited as PLD 1955 Lah. 170

Judgment Text

Court Name: Peshawar High Court Judge(s): Shah Zaman Babar Title: GULABAT KHAN vs THE STATE Case No.: Criminal Appeal No, 214 of 1969 Date of Judgment:1970-08-10 Reported As: PLD 1971 Peshawar 7 Result: Appeal dismissed JUDGMENT JUDGMENT Gulabat Khan, aged 29 years, and Saleh Khan (absconder), both sons of Badshah Khan, residents of Badshah Khan Koruna, Police Station Mullazai, District D. I. Khan, are charged under section 302/34, P. P. C. for the murder of Sher Zaman their co-villager which occurred on 1-8-1967 at about noon time. Gulabat Khan was tried by Sessions Judge Derajat Division, D. I. Khan. The learned trial Judge, by his judgment dated 19-9-1969, convicted Gulabat Khan under section 304 (I), P. P. C. and sentenced him to 10 years' R. I. and a fine of Rs, 1,000 or in default to undergo 2 years' further R. I. It was further ordered that out of the line if realized a sum of Rs, 500 should be paid to the heirs of the deceased as compensation. 2. Gulabat Khan has come up on appeal to this Court. 3. The main channel called `Shuza' is a hill torrent which supplies irrigation water to the agricultural lands in the locality particularly during floods. Five subsidiary channels take water from this main channel by means of a `Gande which is called `Gandi Bashai'. These five subsidiary channels are called 'Wand Zangur', 'Wand Sardar Darakka', 'Wand Nishtara', 'Wand Mamun' and 'Wand Bashai'. 'Wand Zangur' irrigates the land of the appellant, while 'Wand Bashai' irrigates…

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