FARHATULLAH KHAN vs THE STATE — 1972 PLD 22

Citation: 1972 PLD 22

Court: Peshawar High Court

Year: 1971

Decision Date: 1971-11-02

Parties: FARHATULLAH KHAN vs THE STATE

Headnotes

Case cited as PLD 1972 Peshawar 22

Judgment Text

Court Name: Peshawar High Court Judge(s): Bashir-ud-Din Ahmad Khan, Shah Zaman Babar Title: FARHATULLAH KHAN vs THE STATE Case No.: Criminal Appeal No. 126 of 1971 Date of Judgment:1971-11-02 Reported As: PLD 1972 Peshawar 22 Result: A. JUDGMENT JUDGMENT BASHIRUDDIN AHMAD, C. J---Farhatullah (18) and his elder brother Sibghatullah (20) were tried for the murder of Mehr Hussain Shah, in furtherance of their common intention, on July 9, 1970, by the Sessions Judge, Derajat Division, D. I. Khan, who acquitted Sibghatullah, but convicted Farhatullah under section 302, P. P. C. And sentenced him to suffer death. 2. The condemned person appealed and the case is also before us on reference under section 374, Cr. P. Code, for confirmation of death sentence. This judgment will dispose of the appeal as well as the reference. 3. The story for the prosecution, briefly narrated, Is that some time before the occurrence, under consideration, the deceased along with others robbed the father of the appellant and also dishonoured him. He reported the matter to the police and a case was registered, but the matter was eventually compromised. The appellant and his brother, however, decided to avenge the insult and on the eventful day, at 13-15 hours, they went armed with'shot guns to the hotel of Mirza Khan In Tank city where the deceased was present. The appellant fired twice at the victim while Sibghatullah kept standing at some distance. The deceased was mortally wounded and died. The…

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