MAHBUB SHAH Vs. EMPEROR

JUDGEMENT

(1.) THIS is an appeal by -special leave against a judgment of the High Court of Judicature at Lahore dated March 14, 1944, confirming, on appeal, the conviction of the appellant of the murder of one Allah Dad and the sentence of death passed on him by the Sessions Judge, Mianwali, on December 20, 1943.

(2.) THE appellant Mahbub Shah is aged nineteen. He has been convicted of murder under Section 302, read with Section 34 of the Indian Penal Code. He was also convicted of the attempted murder of one Hamidullah Khah and sentenced to seven years rigorous imprisonment; but that conviction has not been brought before the Board.

(3.) ALONG with the appellant, his cousin Ghulam Quasim Shah, aged eighteen, was also convicted under Section 302 34 of the Indian Penal Code and sentenced to transportation for life. Ghulam was convicted under Section 307 34 also, and was sentenced to five years' rigorous imprisonment by the Sessions Judge, but his convictions and sentences have been set aside by the High Court. The deceased Allah Dad died as the result of gunshot wounds inflicted on him. One Wali Shah, who is said to have fired the shot that killed the deceased, is a fugitive from justice and has not been so far arrested. His father Mohammad Hussain Shah, who was committed to the Sessions Court on a charge of abetment of murder, was acquitted by the Sessions Judge.