GHUNCHA GUL vs The STATE — 1971 SCMR 368

Citation: 1971 SCMR 368

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-04-07

Parties: GHUNCHA GUL vs The STATE

Headnotes

Case cited as 1971 SCMR 368

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title: GHUNCHA GUL vs The STATE Case No.: Criminal Appeal No. 9-P of 1970 Criminal Appeal No. 68 of 1969 Date of Judgment:1971-04-07 Reported As: 1971 SCMR 368 Result: Appeal dismissed JUDGMENT JUDGMENT SAJJAD AHMAD, J.-The appellant, Ghuncha Gul, was tried along with his brother, Badshah Gul, and their cousin, Akram under section 302/34, P. P. C., for the murder of their co--villager, Abdullah Jan, which took place at peshin time on the 19th of December 1967. Another brother of the appellant, Nabi Gul, was also named as a co-accused in this crime. He had absconded after the occurrence, and is stated to be still at large. The trial Judge acquitted Badshah Gul and Akram, but convicted the appellant, and awarded him the penalty of death, which has been confirmed, on appeal and reference, by the High Court (Peshawar). The alleged motive for the murder was that some 22 years ago, a brother of the appellant, named Anar Gul, was killed for which a charge was laid against Abdullah Jan, deceased, and some others, which did not succeed in Court, and the accused were acquitted. The occurrence was reported at the Police Station Thati Nasrati (distance 18 miles) the same night at 11-30 p.m. By P. W. Azad Gul, a tarbor of the deceased. It was stated in the report that the 4 accused, including the absconder, had fired one shot each at the deceased in front of the staff rooms of…

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