Sher Bahadur vs Shamaraz Khan — 1972 SCMR 651

Citation: 1972 SCMR 651

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Headnotes

Case cited as 1972 SCMR 651

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Salahuddin Ahmad, Hamoodur Rahman, Sajjad Ahmad Jan, Sheikh JUDGMENT Reported As: 1972 SCMR 651 Result: Appeal accepted Judgment JUDGMENT SALAHUDDIN AHMED, J.-This is an appeal by special leave of this Court from the judgment and order of a Division Bench of the Peshawar High Court dismissing the appeal of the appellants. The two appellants now stand convicted and sentenced under sections 302 read with 34 and 307 of the Pakistan Penal Code. The sentence of death passed on appellant Sher Bahadur was confirmed by the High Court, while the sentence of death passed on his younger brother, appellant Shamaraz Khan, was commuted to -transportation for life. The sentences on both the appellants for attempted murder were also maintained. The appellants had been tried along with three other co-accused, namely, Jalil Khan, Jaryaz Khan and Bazad Khan, by vie learned Sessions Judge, Derajat Division, under sections 148/302/149 and 307/149 of the Pakistan Penal Code, and they were all convicted of all the charges, and while the two appellants were sentenced to death the rest were sentenced to transportation for life each for the murder of Gul Baz Khan. All the accused were also sentenced to various terms of imprison-- ment on other charges. On appeal and reference under section 374 of the Code of Criminal Procedure, the High Court maintained the convictions of the appellants only, while it acquitted the rest. The Court also dismissed a…

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