THE STATE vs AMINULLAH AND ANOTHER — 1959 PLD 137

Citation: 1959 PLD 137

Court: Peshawar High Court

Year: 1971

Decision Date: 1971-12-17

Parties: THE STATE vs AMINULLAH AND ANOTHER

Headnotes

Case cited as PLD 1959 Kar. 137

Judgment Text

Court Name: Peshawar High Court Judge(s): Ghulam Safdar Shah, Abdul Hakim Khan Title: THE STATE vs AMINULLAH AND ANOTHER Case No.: Criminal Appeal No, 142 of 1968 Date of Judgment:1971-12-17 Reported As: PLD 1972 Peshawar 92 Result: A. JUDGMENT JUDGMENT GHULAM SAFDAR SHAH, J.---Aminullah alias Minogal (25) sort of Karim Khan and Hidayatullah (27) son of Abdullah were tried by the Sessions Judge, Peshawar for an offence under section 302/34, P. P. C., for the murder of their co-villager Atta Muhammad by firing. But he acquitted them by his judgment dated 25-3-1968. Being aggrieved of this judgment the State has filed this appeal under section 417, Cr. P. C. 2. The brief facts of the case as they transpire from the record, are as follows: The parties are residents of the same village, namely, Deb Babadur, Tehsil Peshawar. The two accused are related to each other in the sense that the daughter of accused Aminullah's brother (Murad Khan by name) is married to Hidayatullah accused. The three eye-witnesses in this case are close relatives of the deceased in that P. W. Fateh Khan is his uterine brother, Mst. Mehro Jan is his step-mother and Mst. Wala Jan is the step-mother of his father. The prosecution case is that a month before the occurrence the deceased and the two accused happened to meet in the village hujra when the deceased smoked chilam but did not offer it to accused Hidayatullah. Upon this Hidayatullah felt slighted and grappled with the deceased but they were…

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