GHANI KHAN vs SAIL BADSHAH AND 3 Other — 1971 SCMR 371

Citation: 1971 SCMR 371

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-04-12

Parties: GHANI KHAN vs SAIL BADSHAH AND 3 Other

Headnotes

Case cited as 1971 SCMR 371

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title: GHANI KHAN vs SAIL BADSHAH AND 3 Other Case No.: Criminal Appeal No. 8-P of 1970 Criminal Appeal No. 32 of 1969 Date of Judgment:1971-04-12 Reported As: 1971 SCMR 371 Result: Appeal allowed JUDGMENT JUDGMENT SAJJAD AHMAD, J.-The three respondents, namely. Sail Badshah, his brother, Khan Badshah, and their cousin, Nawab Shah, were found guilty by the Additional Sessions Judge, Peshawar, under section 325, P. P. C. On a charge laid against them for the murder of Naeem Khan, deceased. They were sentenced to 7 years' R. I. And a fine of Rs. 1,000 each, or, in default, to undergo 1 -- years' further R. I., under section 325, P. P. C. They were additionally convicted under section 379, P. P. C. And sentenced to 3 years' R. I. And a fine of Rs. 300 each, or, fin default, to suffer 9 months' further R. I., for stealing the shot-gun belonging to the aforesaid Naeem Khan. The sentences of imprisonment under both the charges were made to run concurrently. Out of the fine, if realised, a sum of Rs. 3,000 was directed to be given as compensation to the heirs of Naeem Khan. On appeal, a learned Single Judge of the High Court (Peshawar) has acquitted the respondents of both the charges. On a petition filed by Ghani Khan, the present appellant, who is a relation of the deceased, leave was granted by this Court on the 20th of November 1969, to consider whether A the acquittal…

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