Phulpir Shah vs The State — 1970 SCMR 801

Citation: 1970 SCMR 801

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Headnotes

Case cited as 1970 SCMR 801

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Muhammad Shahabuddin, Alvin R. Cornelius, Muhammad Munir, Dr. Sheikh JUDGMENT Reported As: 1970 SCMR 801 Result: Appeal dismissed Judgment JUDGMENT AMIRUDDIN AHMAD, J.-This is an appeal by special leave of this Court by one Phulpir Shah who was convicted under section 304-1I of the Pakistan Penal Code by the Sessions Judge of Campbellpur and sentenced to four years' rigorous imprison--ment for causing the death of one Yaqub. Two others were tried along with Phulpir Shah but they were acquitted by the Sessions Judge. Phulpir Shah appealed against his conviction to the High Court of West Pakistan, Peshawar Bench, and a petition for enhancement of the sentence on him as well as one for setting aside the acquittal of the two other accused persons was also mace before the High court by a relation of the deceased, and these were heard together by the High Court. The High Court upheld the conviction and enhanced the sentence of the appellant to ten years' rigorous imprisonment. Against his conviction and enhanced sentence the appellant has now appealed before us by special leave. According to the prosecution case for about a year before the occurrence the appellant Phulpir Shah had been suspecting that the deceased Yaqub had a liaison with his were. He had, therefore, been on the look out for an opportunity to take revenge on the deceased who was employed in the Ordnance Factory at Wah and used to go on his duty every morning and…

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