Wazir Khan vs Fateh Khan and Gulmir — 1970 SCMR 791

Citation: 1970 SCMR 791

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Headnotes

Case cited as 1970 SCMR 791

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Muhammad Shahabuddin, Alvin R. Cornelius, Muhammad Munir, Dr. Sheikh JUDGMENT Reported As: 1970 SCMR 791 Result: Appeal dismissed Judgment JUDGMENT SHAHABUDDIN, J. The appellant Wazir Khan was tried along with two other Fateh Khan and Gulmir by the Additional Sessions Judge of Mianwali for the murders of Mamrez Khan and Azim Khan, but only the appellant was convicted and sentenced to death for the murder of Azim Khan, while in respect of the other murder all the accused were acquitted. The appel--lant's conviction and sentence of death were confirmed by the High Court of West Pakistan, Peshawar Bench and this is an appeal by special leave from the judgment of the said Court. The parties were related to one another. Fateh Khan accused, deceased Mamrez, P. W. 8 Alam Khan, father of the other deceased person, Azim Khan, and one, Gadai Khan, were brothers, while one of their, sisters, Mst. Bakhto, a widow, had been married to the appellant. The relations between P. W. 8 on the one hand and the appellant, Fateh Khan and Gulmir on the other were strained. As the appellant was on terms of criminal intimacy with Mst. Bakhto before he married her P. W. 8 did not approve of their marriage, but Fateh Khan was happy about it apparently because he had married the appellant's sister. Subsequently P. W. 8 suspected both the appellant and Gulmir accused in respect of a theft that had occurred in the witness's house. But Mamrez was friendly…

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