Phulail Khan vs Shah Wali — 1972 SCMR 95

Citation: 1972 SCMR 95

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Headnotes

Case cited as 1972 SCMR 95

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Salahuddin Ahmad, Hamoodur Rahman, Mujibur Rahman Khan, Sajjad JUDGMENT Reported As: 1972 SCMR 95 Result: Appeal dismissed Judgment JUDGMENT SALAHUDDIN ARMED, J.-These two appeals by special leave are from an order of the erstwhile High Court of West Pakistan, Lahore, maintaining the conviction and confirming the sentence of death passed on appellant Phulail Khan under section 302 of the Pakistan Penal Code and setting aside the order of acquittal of appellant Shah Wali of the charge under section 302, P. P. C. And ordering his retrial. Leave was really granted in the case of Shah Wali to examine whether the High Court acted on correct principles as enunciated by the Privy Council in the case of Sheo Shorup v. The Emperor (AIR 1934 P C 2.), and by this Court in the case of Abdul Majid v. Superintendent and Remembrancer of Legal Affairs, Government of East Pakistan, (PLD 1964 SC 422) while interfering with the said order of acquittal. Leave to appellant Phulail Khan was granted because leave had been granted to appellant Shah Wali, both having been implicated in the same occurrence. The facts of the case may briefly be stated thus: P. W. 10 Umar Gul and his brother deceased Abdul Shakoor were residents of Jubba Khatak, District Peshawar,. They had come to Gujrat along with their donkeys, and had obtained from Mir Hastam Khan a `Theka' (contract) for removing earth. This entailed removing earth from Nali Masoom Shah Jahangir and…

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