GULAB KHAN AND ANOTHER vs THE STATE — 1971 PLD 299

Citation: 1971 PLD 299

Court: Sindh High Court

Year: 1970

Decision Date: 1970-10-22

Parties: GULAB KHAN AND ANOTHER vs THE STATE

Headnotes

Case cited as PLD 1971 Karachi 299

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Haleem, Ghulam Rasool K. Shaikh Title: GULAB KHAN AND ANOTHER vs THE STATE Case No.: Criminal Appeal No, 171 and Confirmation Case No, 18 of 1970 Date of Judgment:1970-10-22 Reported As: PLD 1971 Karachi 299 Result: Appeal allowed JUDGMENT JUDGMENT MUHAMMAD HALEEM, J.--Appellants Ali Akber and Gulab Khan were tried along with the acquitted accused, named Mevo and Bido alias Abdullah for causing the murder of Muhammad Hasan by the learned Sessions Judge, Larkana and while Gulab Khan was convicted under section 302, P. P. C. the other appellant Ali Akber was convicted under section 302/34, P. P. C. Appellant Gulab Khan was sentenced to death and appellant Ali Akber to transportation for life. Each of these two appellants were further convicted under section 201 and sentenced to 7 years' rigorous imprisonment. The substantive sentences were ordered to run concurrently in the case of Ali Akbar, while in the case of Gulab the sentence of imprisonment was to take effect if the sentence of death was not confirmed vide judgment dated 24th April 1970. The appellants have appealed to this Court to challenge their conviction while the learned Sessions Judge has referred the case of Gulab for the confirmation of his death sentence. This judgment will dispose of both the appeal and the reference. 2. Mst. Namoi (P. W. 4), the mother of deceased Muhammad Hasan, lodged the first information report (Exh. 12} at Police Station, Ratodero on…

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