KHITAB KHAN vs The STATE — 1972 PCRLJ 380

Citation: 1972 PCRLJ 380

Court: Lahore High Court

Year: 1971

Decision Date: 1971-02-01

Parties: KHITAB KHAN vs The STATE

Headnotes

Case cited as 1972 PCRLJ 380

Judgment Text

Court Name: Lahore High Court Judge(s): Maulvi Mushtaq Hussain, Shamim Hussain Qadri, Ataullah Sajjad Title: KHITAB KHAN vs The STATE Case No.: Criminal Appeal No. 386 of 1967 Date of Judgment:1971-02-01 Reported As: 1972 P Cr. L J 380 Result: Appeal allowed JUDGMENT JUDGMENT Mushtaq Hussain, J.--This case has come up before me consequent upon a difference between my learned brothers Ataullah Sajjad and Shamim Hussain Kadri, JJ. It was heard by Khitab Khan their Lordships on 26-5- 1970. ^state 2. The facts of the case are that Khitab Khan s/o Khairati Mushtaq was convicted under section 302, P. P. C. by Malik Lehrasap Khan, Hussain, J Additional Sessions Judge, Gujrat at Gujranwala, on 16-5- 1967 and was sentenced to transportation for life for having, on the night between the 4tb and 5th of October 1965, committed the murder of his sister's husband, Moambar Khan at their house in Kacha Quarters Satellite Town, Gujranwala with a dagger Exh. P. 10. 3. The prosecution story is that the accused and the deceased, who were residents of Swat, had been living for about a year in the quarters mentioned above. The accused was a Chowkidar in the Satellite Town. Moambar Khan was an invalid and walked with the help of crutches. The two of them were at logger heads with each other because the deceased frequently demanded repayment of the loan advanced by him to the accused while the latter would always reply that the amount had been spent on the illness of the former. On the fateful…

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