THE STATE vs HASHAM KHAN ETC. — 1971 PLD 164

Citation: 1971 PLD 164

Court: Peshawar High Court

Year: 1971

Decision Date: 1971-01-11

Parties: THE STATE vs HASHAM KHAN ETC.

Headnotes

Case cited as PLD 1971 Peshawar 164

Judgment Text

Court Name: Peshawar High Court Judge(s): Shah Zaman Babar Title: THE STATE vs HASHAM KHAN ETC. Case No.: Criminal Reference No, 251 of 1969 Date of Judgment:1971-01-11 Reported As: PLD 1971 Peshawar 164 Result: Reference rejected JUDGMENT JUDGMENT This is a reference to this Court under section 215, Cr. P. C., by the Sessions Judge, Peshawar, with the recommendation that the commitment of the 8 accused in case State v. Hasham and 7 others for the murder of Mst. Sakina be quashed and that the committing Magistrate be directed to hold separate inquiries against each set of the accused in a separate challan. 2. The facts of the case are summarised below :- Hasham and Yusaf of village Hazrakhani are brothers. They are sons of Samandur. Hasham and Yusaf reside in contiguous houses separated by a kacha partition wall. Gul Rehman, Momin and Shah Jehan, sons of Hasham, reside with their father, while Jamroz, Zarif and Shahbaz sons of Yousaf, occupy the house of their father. There had been mutual grievances between the occupants of the two, houses. Five/six days prior to 2-12-1966, Hasham was re-erecting the partition wall of the two houses through masons and labourers. Jamroz, son of Yousaf, complained to Hasham with respect to some encroachment on account of the re-construction of the wall by Hasham. The protest resulted in a quarrel followed by trial of strength through lethal weapons, wherein Jamroz was allegedly injured by an axe blow on the head and Mst. Sakina, wife of…

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