MUGHAL KHAN vs The STATE — 1970 SCMR 616

Citation: 1970 SCMR 616

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-03-26

Parties: MUGHAL KHAN vs The STATE

Headnotes

Case cited as 1970 SCMR 616

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman Title: MUGHAL KHAN vs The STATE Case No.: Petition for Special Leave to Appeal No. 5-P of 1970 Date of Judgment:1970-03-26 Reported As: 1970 SCMR 616 Result: Petition dismissed Judgment ORDER WAHIDUDDIN AHMAD, J.-Petitioner Mughal Khan was tried under sections 302 and 449, P. P. C. For committing the murder of Umar Din deceased on the 19th February 1968, in the area of village Botaloni. The learned Sessions Judge, Hazara, conviction him under section 302, P. P. C. And sentenced him to death. No conviction was recorded under section 449, P. P. C. Because of the conviction under the major offence. The petitioner challenged this order in Criminal Appeal No. 22 of 1969, in the High Court of West Pakistan, Peshawar Bench but his conviction was upheld by judgment dated the 19th January 1970. The petitioner seeks special leave to file an appeal against the said order. The prosecution case is that there was dispute between the petitioner and Phajja on certain money matters. Mughal Khan told Phajja not to visit Dhaka Rakh but the latter persisted petitioner that they were servants of the entire village. This happened 15 or 20 days before the occurrence in question. It is alleged that on the 19th February 1968, the petitioner visited the house of the deceased in the morning and insulted the women-folk. The deceased and his son Faqir Muhammad, on their return, were informed of the incident by the…

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