KHAN vs THE STATE — 1970 PCRLJ 450

Citation: 1970 PCRLJ 450

Court: Lahore High Court

Year: 1969

Decision Date: 1969-12-31

Parties: KHAN vs THE STATE

Headnotes

Case cited as 1970 PCRLJ 450

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Zullah, Bashir-ud-Din Ahmad Title: KHAN vs THE STATE Case No.: Criminal Appeal No. 34 of 1969 Date of Judgment:- Reported As: 1970 P Cr. L J 450 Result: Appeal allowed JUDGMENT JUDGMENT MUHAMMAD AFZAL ZULLAH, J.-By his judgment, dated 11th December, 1968, the learned Additional Sessions Judge, Sahiwal, has convicted Khan, aged 26 years, for an offence under section 302, P. P. C., and sentenced him to death for the murder of Rehman son of Sardool of Chak No. 29/2-R, District Sahiwal, on 14th October 1967, before sunrise time. The convict has appealed and the reference for confirmation of death sentence is also before us. Both the matters are being disposed of by this judgment: 2. The prosecution case, as disclosed in the F. I. R. Exh. P. A., is that about 6/7 months before the occurrence, Sardool (P. W. 8), the father of the deceased, took on lease one square of land in Chak No. 28/2-R from Army Remount Department. Majhi P. W. 7 who is a Canal Mistri, subsequently joined Sardool in this lease, to the extent of half-share, apparently for the reason that by this partnership there would be two pairs of bullocks for a cultivation. Majhi instead of himself joining in cultivation, sent Khan appellant along with a pair of bullocks to work jointly with Sardool on the land. Two or three days before the occurrence, the munji (paddy) crop was reaped and collected in a thrashing-- floor. Some remaining munji was also cut but was…

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