Case Details

Citation(s)
2003 SLG 913 2003 SLD 913 2003 SCMR 593
Supreme Court of Pakistan
Criminal Appeal No. 354 of 2001 out of Jail Petition No. 180 of 1999, decided on 28th November, 2002. (On appeal from the judgment dated 18-5-1999 passed by Lahore High Court, Lahore in Criminal Appeal No. 70 of 1994 and Criminal Revision No. 418 of 1994)
IFTIKHAR MUHAMMAD CHAUDHRY, SARDAR MUHAMMAD RAZA KHAN AND FALAK SHER, JJ
Muhammad Zaman Bhatti, Advocate Supreme Court for Appellant. Muhammad Akram, Advocate-on-Record for the State

MUHAMMAD ARSHAD

VS

THE STATE

Law: Pakistan Penal Code, 1860

Section: 302(b)

Penal Code (XLV of 1860)--- ----S. 302(b)---Appraisal of evidence ---Unimpeaehed confidence-inspiring testimony of the complainant was corroborated on all material particulars by other eye-witness whose presence at the scene of occurrence was quite natural being immediate inhabitant of the locality and who had no reason to falsely depose against the accused leaving the real culprit to go scot free--­Ocular testimony was corroborated also by medical evidence---Venue of occurrence had been established by the recovered blood-stained earth--­Accused had admitted the motive and after securing his release from the clutches of the deceased he could have easily escaped from the scene instead of making the targeted killing of the deceased who admittedly was empty­-handed---Accused even did not aim or attempt at the complainant and his brother at whose hands he allegedly apprehended a danger being equipped with butcher's knives---Conviction and sentence of death of accused were upheld in circumstances. JUDGMENT FALAK SHER, J.---Muhammad Ashraf aged 20 years having been indicated in the case registered vide F.I.R. No.143 of 3-7-1992 (Exh.P.E) under section 302, P.P.C. Police Station, Mamumkanjan, District Faisalabad at the instance of Muhammad Gulzar P.W.9, by Allah Bakhsh S.-I./S.H.O P. W.11, reporting the murder of his younger brother Muhammad Zafar aged 40 years, by pistol shot firing, pulling it out from the string of his Shalwar landing on his chest around 10-30 p.m. in front of their house to which he succumbed on the spot, avenging the objected loitering around with a view to abducting their maternal niece Farzana, attracted by whose altercation precipitating into grappling, he emerging out of the house alongwith his brother Bilal (given up), witnessed the occurrence together with Muhammad Ashraf P.W.10 and Muhammad Sarwar (given up), whereafter the appellant vanished away, culminating into his conviction and sentence to deaf: by an Additional Sessions Judge, Samundari District Faisalabad vide judgment dated 31-1-1994 which on appeal (Criminal Appeal No. 70 of 1994) was affirmed by a learned Division Bench of the Lahore High Court, Lahore allowing Criminal Revision…
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