| Citation(s) |
|---|
| 2004 SLG 2885 2004 SLD 2885 2004 PLD 150 |
Supreme Court of Pakistan
Criminal Appeals Nos. 280 and 281 of 2002, decided on 22nd October, 2003. (On appeal from the judgment dated 16-7-2001 of the Lahore High Court passed in Criminal Appeal No. 121 of 1996 and Murder Reference No. 54 of 1996).
SH. RIAZ AHMAD, C.J., QAZI MUHAMMAD FAROOQ AND ABDUL HAMEED DOGAR, JJ
Malik Abdus Sattar Chughtai, Advocate Supreme Court for Appellant (in Criminal Appeal No. 280 of 2002). Ms. Afshan Ghazanfer, A.A.G., Punjab for the State, (in Criminal Appeal No. 280 of 2002). Malik Rab Nawaz Noon, Senior Advocate Supreme Court for Appel
Criminal Appeals Nos. 280 and 281 of 2002, decided on 22nd October, 2003. (On appeal from the judgment dated 16-7-2001 of the Lahore High Court passed in Criminal Appeal No. 121 of 1996 and Murder Reference No. 54 of 1996).
SH. RIAZ AHMAD, C.J., QAZI MUHAMMAD FAROOQ AND ABDUL HAMEED DOGAR, JJ
Malik Abdus Sattar Chughtai, Advocate Supreme Court for Appellant (in Criminal Appeal No. 280 of 2002). Ms. Afshan Ghazanfer, A.A.G., Punjab for the State, (in Criminal Appeal No. 280 of 2002). Malik Rab Nawaz Noon, Senior Advocate Supreme Court for Appel
MUSHTAQ AHMAD
VS
THE STATE
Law:
Section:
(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to the accused by Supreme Court to reappraise the evidence and to determine the quantum of his sentence. (b) Penal Code (XLV of 1860)--- ----S. 302)(b)---Appraisal of evidence---Ocular testimony was fully corroborated by medical evidence---Long abscondence of accused was also strong corroborative piece of circumstantial evidence to connect him with the commission of the crime---Conviction of accused was maintained in circumstances---Deceased admittedly was challaned in 5/6 criminal cases which were still pending and he was a man of questionable character which was a sufficient extenuating circumstance in favour of accused---Sentence of death of accused was reduced to imprisonment for life accordingly. JUDGMENT ABDUL HAMEED DOGAR, J.---By this common judgment, we propose to dispose of Criminal Appeals Nos.280 and 281 of 2002 as both are directed against a consolidated judgment dated 16-7-2001 passed by a learned Division Bench of Lahore High Court, Rawalpindi Bench, Rawalpindi, whereby Criminal Appeal No. 121 of 1996 filed by appellant Mushtaq Ahmad challenging his sentence of death was dismissed and Murder Reference No.54 of 1996 was answered in affirmative. Criminal Revision No.65 of 1996 filed by complainant Liaqat Ali against respondent Mazhar Iqbal regarding enhancement of amount of compensation and that of sentence was also dismissed. 2. Precisely stated, the relevant facts are that deceased Major Abdul Qayyum, brother of Liaqat Ali, the complainant had purchased land in Chak Jalal Din, District Rawalpindi. Two days prior, there had occurred an altercation in between appellant Mushtaq Ahmad and deceased Major Abdul Qayyum over levelling of the land by a Bulldozer. On the day of incident i.e. on 31-8-1986 at 11-00 a.m. while complainant and the deceased were present in the aforesaid land, appellant alongwith acquitted accused Mazhar Iqbal armed with .12 bore gun, Munshi Fazal, Mian Khan and Muhammad Ashraf armed. with pistols emerged from the side of brick kiln of the appellant. According to the case of prosecution, the appellant raised…
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