RAHIM BAKHSH AND 3 Others vs The STATE — 1971 SCMR 488

Citation: 1971 SCMR 488

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: RAHIM BAKHSH AND 3 Others vs The STATE

Headnotes

Case cited as 1971 SCMR 488

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman, Sajjad Ahmad Jan Title: RAHIM BAKHSH AND 3 Others vs The STATE Case No.:Criminal Appeal No. 640 of 1969 Jail Petition No. 14 of 1971 and Petition for JUDGMENT Reported As: 1971 SCMR 488 Result: Leave refused Judgment JUDGMENT SALAHUDDIN AHMED, J.-In this occurrence which took place on 31-1-1967, at 1-30 a.m., five persons were killed with fire-arms, four in the house of Allah Bakhsh deceased and one in the house of P. W. 24, Mst. Bibbal. All the four petitioners have been found guilty under section 302/34 of the Pakistan Penal Code and sentenced to death. They have also been found guilty under section 307, P. P. C. And sentenced to seven years' rigorous imprisonment. The motive for the crimes has been welt proved. Petitioner Rahim Bakhsh's two brothers had been murdered in which Allah Bakhsh and his sons were implicated and petitioner Rahim Bakhsh sought revenge for their murders. In the first occurrence that took place in the house of Allah Bakhsh deceased four persons, viz. Allah Bakhsh himself, his two sons Ghulam Rasul and Allah Wasaya, and an infant daughter of Ghulam Rasul, Mst. Sughran were killed. This particular occurrence has been proved by three eye-witnesses viz. P. W. 21, Ghulam Qadir, son of Allah Bakhah deceased, P. W. 22, Mst. Jantan, widow of Allah Bakhsh deceased, and P. W. 23, Mst. Nurai, widow of Ghulam Rasul deceased. They were the inmates of the house and were in the…

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