MEHR MUHAMMAD AND Another vs The STATE — 1967 PLD 185

Citation: 1967 PLD 185

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-02-24

Parties: MEHR MUHAMMAD AND Another vs The STATE

Headnotes

Case cited as PLD 1967 SC 185

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Mujibur Rahman Khan, Muhammad Yaqub Ali Khan Title: MEHR MUHAMMAD AND Another vs The STATE Case No.: Criminal Appeal No. 5-P of 1968 Date of Judgment:1970-02-24 Reported As: 1970 SCMR 688 Result: Sentence reduce JUDGMENT JUDGMENT M. R. KHAN, J.-The appellants Mehr Muhammad and Wasiullah are full brothers. They were tried under section 302/34, P. P. C. For committing the murder of their first cousin Shamsher Ali and sentenced to death. On appeal and reference, the High Court of West Pakistan, Peshawar Bench, confirmed the death sentence of each and dismissed the appeal. The prosecution case was that on the 30th of September 1965, Shamsher Ali, deceased, accompanied by his brother Saadatullah had gone to their field to irrigate their maize crop by water drawn from a well. At about digarwela, Zarshad, the were's brother of the deceased, came to the deceaseds' field to borrow their he-buffalo for the purpose of irriga--tion of his own land. Zarshad was asked to wait for sometime as the buffalo wanted by him could not be spared till the irrigation of the deceased's land was completed. Shamsher Ali was watering the field, while Saadatullah and Zarshad went to a nearby land to pluck chillies there from. At about sunset time, when Shamsher Ali was still busy in his field, the two appellants, armed with shot-guns appeared there. Of them, Wasiullah fired one shot at Shamsher Ali. Immediately there--after Mehr…

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