DOST MOHAMMAD AND ANOTHER vs THE STATE — 1971 PLD 41

Citation: 1971 PLD 41

Court: Peshawar High Court

Year: 1970

Decision Date: 1970-09-24

Parties: DOST MOHAMMAD AND ANOTHER vs THE STATE

Headnotes

Case cited as PLD 1971 Peshawar 41

Judgment Text

Court Name: Peshawar High Court Judge(s): Bashir-ud-Din Ahmad Khan, Sher Bahadur Khan Title: DOST MOHAMMAD AND ANOTHER vs THE STATE Case No.: Criminal Appeal No, 194 of 1969 Date of Judgment:1970-09-24 Reported As: PLD 1971 Peshawar 41 Result: Order accordingly JUDGMENT JUDGMENT SHER BAHADUR KHAN, J.--Dost Muhammad (33) and Shamshad (33) were tried by the Additional Sessions Judge, Mardan, for committing the murder of Amanullah deceased on 29-6-1966 in the limits of village Sawal Dher. They were found guilty of the charge under section 302/34, P. P. C. and each sentenced to death. The convicts have appealed. Their case has also been referred to us under section 374, Cr. P. C. for confirmation of their death sentences. We propose to dispose of the appeal and the reference by this single judgment. 2. The facts found may be briefly stated as follows : Dost Mohammad and Shamshad appellants alongwith Shamroz absconder allegedly took away Amanullah (deceased to the hills near their village Sawal Dher on the pretext of collecting honey. Shamshad was said to be armed with a shot-gun, while Shamroz had an 11-shot rifle with him. Dost Mohammad and Amanullah were empty-handed. There was a conspiracy between the two appellants and the absconder to kill Amanullah and in the hills they gave effect to the conspiracy when Shamshad fired at the deceased who was hit on the neck, as a result of which he fell down. The second shot was fired at the back of the deceased and the head of the…

Read the full judgment on Al Wakeelo — Pakistan's AI-powered legal research platform.