AWAL KHAN vs The STATE Case No — 1970 SCMR 699

Citation: 1970 SCMR 699

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: AWAL KHAN vs The STATE

Headnotes

Result: Leave refused Judgment ORDER WAHIDUDDIN AHMAD, J.-Petitioner Awal Khan was tried for the murder of Gulfaraz which was committed on the 7th October 1967, at about 3-00 p. In the area of Mouza Shah Dhand, Peshawar City.

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): N/A Title: AWAL KHAN vs The STATE Case No.: Petition for Special Leave to Appeal No. 4-P of 1970 Date of Judgment:- Reported As: 1970 SCMR 699 Result: Leave refused Judgment ORDER WAHIDUDDIN AHMAD, J.-Petitioner Awal Khan was tried for the murder of Gulfaraz which was committed on the 7th October 1967, at about 3-00 p. m. In the area of Mouza Shah Dhand, Peshawar City. The learned Additional Sessions Judge, Peshawar by judgment dated the 19th March 1969, convicted the petitioner under section 302, P. P. C. And sentenced him to death. His conviction was also upheld by the High Court of West Pakistan, Peshawar Bench, in Criminal Appeal No. 50 of 1969, decided on the 17th December 1969. The petitioner seeks special leave to file an appeal against his conviction. The prosecution case is that on the 7th October 1967, Mst. Hawa Jan, her daughter Mst. Nursheda and Mst. Jamheda and her son Gulfaraz deceased were present in the house at Mouza Shah Dhand. Awal Khan petitioner called at that time the deceased from his house and protested that he was not justified to stop men and women from visiting the house of Umarai. P.Ws. Mst. Nursheda and Mst. Jamsheda also came out of the house and within their sight the petitioner fired two shots with tamancha at Gulfaraz, out of which one hit the deceased. The petitioner fled away. The ladies took Gulfaraz injured inside the house. Mst. Hawa Jan hurried to lodge the F. I. R. At Police Station,…

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