Shah Wali vs The State — 1971 SCMR 273

Citation: 1971 SCMR 273

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Headnotes

Case cited as 1971 SCMR 273

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Muhammad Shahabuddin, Alvin R. Cornelius, Muhammad Munir, A. S. M. JUDGMENT Reported As: 1971 SCMR 273 Result: Appeal dismissed Judgment JUDGMENT AKRAM, J.-This is an appeal with our leave by the convict; Shah Wali from his conviction and sentence of death under sec--tion 302/34 and rigorous imprisonment for ten years under section 307/34 of the Penal Code passed by the Sessions Judge of Mianwali and confirmed by the High Court of West Pakistan at Lahore after dismissing Criminal Appeal No. 425 of 1955 preferred against the convictions and sentences aforesaid. Briefly stated the case for the prosecution was that there existed a bitter enmity between the appellant and the deceased on account of the previous murder of Haq Nawaz (appellant's brother) by Abdullah (brother of Sher Babadur, deceased), for which Abdullah's sentence of transportation for life was reduced, on appeal to the High Court, to rigorous imprisonment for five years; that in order to avenge the death of Haq Nawaz (being dissatisfied with the sentence of five years' imprisonment of Abdullah as inadequate), the appellant and his brother Shah Alam shot at Sher Bahadur hitting him and another person Hayat, P. W. 29, while they were travelling in a railway compartment from Daud Khel to Lahore, just as the train started from Daud Khel station at about 7- 50 p.m. On the 10th of September 1954; that as a result of the firing Sher Bahadur died at about 12- 30 a.m. On…

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