Khuda Yar vs The State — 1970 PCRLJ 18

Citation: 1970 PCRLJ 18

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Headnotes

Case cited as 1970 PCRLJ 18

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Muhammad Shahabuddin, Alvin R. Cornelius, Muhammad Munir, Dr. Sheikh JUDGMENT Reported As: 1970 P Cr. L J 18 Result: Appeal dismissed Judgment JUDGMENT S. A. RAHMAN, J.-This is an appeal by Special leave by Khuda Yar from a judgment of the High Court of West Pakistan. The learned Judges confirmed his conviction for the murder of one Sajwara and the sentence of death awarded to him by the trial Judge. At the same time, an appeal by the State, challenging the acquittal of Khan, Basara and Gahra, by the trial Judge in the same case, was dismissed. According to the prosecution story, on the 6th of September 1957, at about sunset time, Sajwara deceased and his nephew, Khan (P. W. 6), were returning from their well, known as Chas Darbarwala, to their houses in the village, carrying milk-pots on their heads: As they approached the outskirts of the village, close to the house of Amir butcher, the four accused are said to have come up, and after throwing a challenge to Sajwara; proceeded to attack him. Gahra carried a lathi, while the other three were armed with chhavis. Sajwara threw his milk--pot on the ground and took to his heels. He was pursued by Khan, Basara and Khuda Yar, who are all sons of Gahra, and was overtaken at some distance. Gahra gave two or three stick blows to Khan, the companion, of the deceased, but Khan who followed in the footsteps of Sajwara. He tried to intervene and save his uncle Sajwara from the attack. In…

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