| Citation(s) |
|---|
| 2010 SLG 786 2010 SLD 786 2010 PLJ 91 |
Shariat Court (AJ&K)
Crl. Appeals No. 36 & 47 of 2006, and Crl. Reference No 37 of 2006, decision & hearing Dated: 08.02.2010.
SYED HUSSAIN MAZHAR KALEEM, JUSITCE
Kh. Muhammad Naseem, Advocate for Convict-Appellants and Acquitted
Respondents. Mr. Raza Ali Khan, Advocate for Complainant. Advocate General for State.
Crl. Appeals No. 36 & 47 of 2006, and Crl. Reference No 37 of 2006, decision & hearing Dated: 08.02.2010.
SYED HUSSAIN MAZHAR KALEEM, JUSITCE
Kh. Muhammad Naseem, Advocate for Convict-Appellants and Acquitted
Respondents. Mr. Raza Ali Khan, Advocate for Complainant. Advocate General for State.
RAFTAJ AND OTHERS
VS
STATE AND OTHERS
Law:
Section:
Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Art. 2(e)--Evidence of interested witness--Evidentiary value of--Evidence of an independent witness could always be believed for purposes of conviction yet the evidence of a related and interested witness when rings true and was also corroborated by independent material, such evidence could not be discarded--Order Accordingly. THIS JUDGMENT DELIVERED BY: SYED HUSSAIN MAZHAR KALEEM, JUSITCE:- --.----- Above titled appeals have been directed against the judgment of District Court of Criminal Jurisdiction, Muzaffarabad dated 16-06-2006, whereby Raftaj appellant was convicted and awarded death sentence under Section 302, A.P.C, six month rigorous imprisonment with Rs. 2000/- under the Arms Act, Gul Zaib appellant was sentenced two years R.I under Section 324, A.P.C and Rs. 1,73,570/- Arsh under Section 337-D, A.P.C, Rafaqat appellant was awarded one year imprisonment under Section 324, A.P.C and Rs. 5000/- Daman under Section 337, A.P.C while Nazkat, Muhammad Shoukat, Aurangzeb and Shamraiz were acquitted of the charge. A reference under Section 374, Cr.P.C has also been submitted for confirmation of death sentence. 2. Brief facts forming background of the appeals and the reference are that a case under Sections 302, 147, 148, 149, 364, 324,337, A.P.C was registered against the convict appellants and others at Police Station Danna on the complaint of Habib Khan. It was reported that the complainant was resident of Chanal-Bang. On 30-10-2005 at about 7.30, p.m Truck No. 1572-AJKE belonging to Jamayat-ud-Dawat carrying relief goods for earthquake affected people arrived in Soye bazaar. Raftaj, Gulzaib, Nazakat, Shamraiz, Aurangzeb, Rafaqat and Shoukat who were already present there came near it and started exchanging harsh words with those who were aiming to distribute the above mentioned goods. They also had an altercation with them, the complainant, Muhammad Arif, Muhammad Banaras and Muhammad Nadir tried to stop them, upon which Raftaj accused fired with .30 bore pistol but could not target any body, thereafter he attacked Muhammad Banaras with dagger and caused injury at abdomen resulting into his death. P.W…
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