NEKAM GUL AND 2 OTHERS vs THE STATE — 1971 PLD 32

Citation: 1971 PLD 32

Court: Peshawar High Court

Year: 1970

Decision Date: 1970-12-09

Parties: NEKAM GUL AND 2 OTHERS vs THE STATE

Headnotes

Case cited as PLD 1971 Peshawar 32

Judgment Text

Court Name: Peshawar High Court Judge(s): Bashir-ud-Din Ahmad Khan, Shah Zaman Babar Title: NEKAM GUL AND 2 OTHERS vs THE STATE Case No.: Criminal Appeal No, 237 of 1969 Date of Judgment:1970-12-09 Reported As: PLD 1971 Peshawar 32 Result: Appeal dismissed JUDGMENT JUDGMENT SHAH ZAMAN BABAR, J.--This judgment will dispose of Criminal Appeal No, 237 of 1969 and Criminal Revision No, 266 of 1969 (for enhancement of sentence) which was to be placed in motion along with the appeal vide order dated 10-12-1969. 2. Nekam Gul (55), his son Hafiz Khan (27) and his other son Abdur Rehman (28/29) residents of village Passani, Police Station Tajori, were charged under section 302/34 (two counts) for the murder of Mir Alam Jan alias Mirwanjan and Mst. Sibi Sahira, wife of Nekam Gul appellant, and under section 307/34, P. P. C. for the attempted murder of Talib Jan (P. W. 3). The occurrence took place on 16-4-1967, a little after sunrise time in the area of village Passani. The trial was held by Sessions Judge, Derajat, who by his judgment dated 15-9-1969, acquitted the three appellants of the charge of murder of Mst. Bibi Sahira, but convicted them under section 302/34, P. P. C. on the charge of murder of Mirwanjan and sentenced each of the appellants to transportation for life. The three appellants were also convicted under section 307/34, P. P. C. for the attempted murder of Talib Jan P. W. They were sentenced to seven years' R. I. each. The sentences were ordered to run…

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