Khushal vs Mir Akbar — 1971 SCMR 357

Citation: 1971 SCMR 357

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Headnotes

Case cited as 1971 SCMR 357

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Salahuddin Ahmad, Waheeduddin Ahmad, Hamoodur Rahman, Sajjad JUDGMENT Reported As: 1971 SCMR 357 Result: Appeal partly accepted Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-This appeal, by special leave, arises out of a judgment of a Division Bench of the High Court of West Pakistan, Peshawar Seat, upholding in appeal and reference the convictions of the appellants under section 302/34 of the Pakistan Penal Code but altering the sentences from death to transportation for life. The appellants, who are both real brothers, were cha with the murder of their co-villager, Mir Akbar, at 9-00 a.m. Of the 18th of May 1965, in village Tatrila, within Donga Gali, district Hazara. It appears that the appellants had brought under plough some Government barren land over which passed the village path from Tatrila to Kala Bagh and had, in spite of the objections of -the deceased, also put up a hedge around the land thus preventing him and other villagers from using the village path. The deceased had also brought some lands, contiguous to this land of the appellants, under cultivation and had been insisting upon asserting his right to use the village path. Over this there was an altercation between the deceased and the appellants some 15 days before the occurrence and the matter was even brought up to the elders of the village for settlement. While this was pending the deceased, who was a dealer in cloth at Sunny Bank, Murree, one day started out…

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