Case Details

Citation(s)
2004 SLG 2514 2004 SLD 2514 2004 PCRLJ 1479
Sindh High Court
Cr. Appeal No. 4 of 2000, decided 28th May, 2004. DATE of hearing: 26th April, 2004
MUHAMMAD MUJEEBULLAH SIDDIQUI, J
Moharram G. Baloch, Allah Bachayo Soomro and Ayaz HussainTunio for Appellants. Rasheed Ahmed Qureshi, Asstt. A.G. for the State

SANGO and another

VS

THE STATE

Law:

Section:

(a) Penal Code (XLV of 1860)-------S. 302---Appreciation of evidence---Circumstantial evidence--­Value---Conviction---Conviction and even death sentence can be passed on circumstantial evidence provided all circumstances constitute a continuous chain without any link missing with the combined effect of the guilt of the accused having been established beyond any shadow of doubt. Muhammad Amjad v. The State PLD 2003 SC 704 ref. (b) Penal Code (XLV of 1860)--- ----Ss. 302/34 & 201/34---Appreciation of evidence---Prosecution case simply rested on circumstantial evidence---Dead body of the deceased was recovered on the pointation of one accused and the incriminating amount alongwith chits of accounts was recovered at the instance of other accused---Said places of recovery were not known to the Investigating Officer and the witnesses and the discoveries at the pointation of the two accused had led to the irresistible conclusion that both of them were involved in the murder of the deceased---Trial Court was fully justified in convicting and sentencing the accused on the basis of aforementioned discoveries---Appeal was dismissed accordingly. Sodho and others v. The State SBLR 2002 Sindh 1522; Shaikh Muhammad Amjad v. The State 2002 PCr.LJ 1317; Mst. Gallan v. The State 1999 PCr.LJ 647; Ketab Ali v. The State 1970 PCr.LJ (Dacca) 415; Fareed Muhammad v. The State PLD 1959 Pesh. 12; Allahditta v. The State PLD 1958 SC 290; Bill Moria v. The State PLD 1958 SC 313; Faiz Ahmed v. The State PLD 1960 SC 8; Abdul Samad v. The State PLD 1964 SC 167 and Muhammad Amjad v. The State PLD 2003 SC 704 ref. JUDGMENT This appeal is directed against the judgment, dated 4-1-2000, passed by the learned Sessions Judge, Tharparkar at Mithi in Sessions Case No.5 of 1999, whereby both the appellants have been convicted for the offences punishable under sections 302, 201 read with section 34, P.P.C. and have been sentenced to imprisonment for life and to pay fine of Rs.50,000 each. In default of payment of fine they have to undergo further R.I. for two years. They have been further directed to pay compensation of Rs.25,000 each to the heirs of deceased. The relevant facts are that on…
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