INAYATULLAH vs THE STATE — 1971 PLD 175

Citation: 1971 PLD 175

Court: Peshawar High Court

Year: 1970

Decision Date: 1970-08-13

Parties: INAYATULLAH vs THE STATE

Headnotes

Case cited as PLD 1971 Peshawar 175

Judgment Text

Court Name: Peshawar High Court Judge(s): Shah Zaman Babar Title: INAYATULLAH vs THE STATE Case No.: Criminal Appeal No, 248 of 1969 Date of Judgment:1970-08-13 Reported As: PLD 1971 Peshawar 175 Result: Appeal partly accepted JUDGMENT JUDGMENT Inayatullah, aged 22 years, son of Allah Bakhsh of Basti Kanjkianwali, District D. I. Khan, stood trial under section 302, P. P. C. for the murder of Mahmood-ul-Hassan which occurred on 13-11-1967 at about 5 p.m. inside the house of Fazal Hussain driver. The trial was held by Sessions Judge, Derajat, who by his judgment dated 16-10-1969, convicted Inayatullah under section 304 (1), P. P. C. and sentenced him to 10 years' R. I. and a fine of Rs, 1,000 or in default of payment of fine to undergo 2 years' further R. I. Out, of the fine if realized a sum of Rs, 500 to be paid to the heirs of the deceased as compensation. 2. Inayatullah has appealed to this Court. 3. On 13-11-1967 at about 5 p.m. a qawwali was arranged in the house of Fazal Hussain on the occasion of the marriage ceremony of one Ghulam Yasin. There was a gathering in the house at the time of the occurrence. The gathering also included the appellant, Mahmood-ul-Hassan deceased, Mohammad Salim (P. W. 4), Muhammad Amir (P. W. 5) and Imam Bakhsh (P. W. 6). It appears that the appellant and the deceased were sitting close on chairs, while P. Ws. Muhammad Salim, Muhammad. Amir and Imam Bakhsh were also sitting on chairs at close distances. Suddenly the appellant attacked…

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