| Citation(s) |
|---|
| 1973 SLG 21 1973 SLD 21 1973 SCMR 39 |
Supreme Court of Pakistan
Criminal Appeal No. 3-P of 1972, decision dated: 4th December 1972.(On appeal from the judgment and order of the Peshawar High Court, dated the 21st September 1970, in Criminal Appeal No. 153 of 1969)
HAMOODUR RAHMAN, C.J., SAJJAD AHMAD, WAHEEDUDDIN AHMAD AND SALAHUDDIN AHMED, JJ
S. Ghazanfar Ali Shah Bokhary, Advocate Supreme Court instructed by Abdul Waheed Khan, Advocate-on-Record for Appellant.Fakhre Alam, Advocate General, N.W.F.P., Peshawar instructed by Qasim Imam, Advocate-on-Record for
Respondent.
Criminal Appeal No. 3-P of 1972, decision dated: 4th December 1972.(On appeal from the judgment and order of the Peshawar High Court, dated the 21st September 1970, in Criminal Appeal No. 153 of 1969)
HAMOODUR RAHMAN, C.J., SAJJAD AHMAD, WAHEEDUDDIN AHMAD AND SALAHUDDIN AHMED, JJ
S. Ghazanfar Ali Shah Bokhary, Advocate Supreme Court instructed by Abdul Waheed Khan, Advocate-on-Record for Appellant.Fakhre Alam, Advocate General, N.W.F.P., Peshawar instructed by Qasim Imam, Advocate-on-Record for
Respondent.
ABDUL GHAFFAR
VS
THIS STATE
Law:
Section:
Penal Code (XLV of 1860), S. 302-Sentence-MitigationPrivate revenge, not a mitigating circumstance-Person avenging death of his father by murdering brother of alleged killer of his father-Accused in circumstance, held, properly sentenced to death. Ajun Shah v. The State P L D 1967 S C 185 distinguished. JUDGMENT WAHEEDUDDIN AHMAD, J.-This appeal by special leave is directed against the judgment of the Peshawar High Court in Criminal Appeal No. 153 of 1969, dated the 21st September 1970. By this judgment, the appellant's death sentence was confirmed. The appellant was tried by the Additional Sessions Judge, Kohat for the murder of Faqir Khan on the 9th July 1968, and was sentenced to death. He filed an appeal against the said judgment before the Peshawar High Court. The matter was also before the Peshawar High Court on reference. The appeal was dismissed on the 21st September 1970 and the death sentence was confirmed. The appellant filed a petition for special leave to appeal against the said judgment of the High Court and in Petition for Special Leave to Appeal No. 33-P of 1970, this Court granted special leave on the 13th April 1971. Thus this matter is now before us in appeal. Special leave was granted to the appellant to consider only the question whether he was entitled to a lesser sentence in view of the decision of this Court in the case of Ajun Shah v. The State (P L D 1967 S C 185). It was alleged on behalf of the appellant that he avenged the murder of his father and, therefore, was entitled to lesser sentence. The prosecution case is that on the eventful day, at degariwela, Mst. Khial Begum P. W. 5, was present with Imtiaz P. W. 6 at the house of Muhammad Khan at village Yousuf Khel, They noticed the appellant coming out of the Kotha of Muhammad Khan having a tamancha in his hand. It is alleged that Mst. Khial Begum P. W. 5, step-mother of Faqir Khan deceased and Imtiaz P. W. 6, followed the appellant. When the appellant reached near the house of Shado Khan, he came across Faqir Khan deceased. The appellant after having gone to a distance of 2/3 paces turned round and fired a shot at the deceased with tamancha which hit him on the back and he fell…
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