| Citation(s) |
|---|
| 2003 SLG 1269 2003 SLD 1269 2003 PCRLJ 1384 |
Lahore High Court
Criminal Appeal No. 1825 of 2001 and Criminal Revision No. 94 of 2002, heard on 14th April, 2003.
KHAWAJA MUHAMMAD SHARIF, J
Ch. Din Muhammad Meo for Appellant. Muhammad Waseem for the State.
Criminal Appeal No. 1825 of 2001 and Criminal Revision No. 94 of 2002, heard on 14th April, 2003.
KHAWAJA MUHAMMAD SHARIF, J
Ch. Din Muhammad Meo for Appellant. Muhammad Waseem for the State.
MUHAMMAD IBRAHIM
VS
THE STATE
Law: Penal Code (XLV of 1860)
Section: 302(b)
Penal Code (XLV of 1860)----- ----S. 302(b)---Appreciation of evidence---Accused and his five co¬ accused were nominated in the F.I.R.---One person was murdered and another was injured in the occurrence---Two of co-accused were acquitted by Trial Court, two were awarded 3 and 2 years R.I. while. fifth co¬accused was at large and accused who had been convicted and sentenced to undergo life imprisonment was behind the bars since his arrest---Only one injury attributed to the accused was on left leg of deceased according to medical report---Case, of prosecution was that one of acquitted co-accused who was armed with fire-arm, fired in the air and also gave injuries to deceased with butt of his gun on his left leg---Only one injury was on leg of deceased---Said co-accused was acquitted by Trial Court only on the ground that police had found him innocent---Role of accused was on similar footing as that of said acquitted co-accused---Case of accused was on better footing than that of said acquitted co-accused who was attributed a butt injury---Doctor who, had conducted Medico-legal Report and post-mortem examination on dead body of deceased; had never stated in whole of his statement that said injury proved fatal, but according to opinion of Doctor, cause of death was blunt tromma in abdomen and its complications---Injury which was alleged to have been caused by accused on left leg of the deceased, had nothing to do with abdomen of the deceased---Case against accused being doubtful one, benefit of doubt was granted to accused and he was acquitted , of the charge against him. Ch. Din Muhammad Meo for Appellant. Muhammad Waseem for the State. Date of hearing: 14th April, 2003. JUDGMENT This judgment will dispose of Criminal Appeal No. 1825 of 2001 and Criminal Revision No.94 of 2002 directed against the judgment dated 26-10-2001 passed by learned Additional Sessions Judge, Kasur, whereby he convicted the appellant under section 302(b), P.P.C. and sentenced him to undergo life imprisonment with further direction to. pay Rs.50,000 as compensation to the legal heirs of Qamar Din deceased or in default thereof six months R.I with benefit of…
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