| Citation(s) |
|---|
| 1980 SLG 2194 1980 SLD 2194 = 1980 PLD 25 |
Criminal Appeal No. 184 of 1978, decided on 19th June 1979.
Before Ali Hussain Qazilbash and Usman Ali Shah, JJ
Abdullah Jan Mirza for Appellant. Abdul Khaliq Khan for the State.
ABDUL HAMID-Accused-Appellant
VERSUS
THE STATE-Respondent
Law: Criminal Procedure Code (V of 1898)
Section: 154
Law: Penal Code (XLV of 1860)
Section: 302
JUDGMENT
ALI-HUSSAIN QAZILBASH, J.-Abdul Hamid son of Fazal Ahmad, resident of Tarmakhi, Tehsil Haripur, District Abbottabad, was tried for offences under section
302/449, P. P. C. by Rasul Khan Khattak, the then learned Additional Sessions Judge, Abbottabad at Haripur on the allegations that he on 7-6-77 at 7 a.m. within the limits of village Tarmakhi caused the death of Mst. Barkat Jan and Resham Jan by firing at them while committing house trespass of Nawab Khan and vide his order dated 12-6-78 convicted him (appellant) under section 302, P. P. C. (two counts) and sentenced him to death on each count besides a fine of Rs. 4,000 on each count which on recovery was ordered to be paid to the heirs of the deceased persons. In case of non-payment of compensation, the appellant was further ordered to undergo two years' R. I. on each count.