| Citation(s) |
|---|
| 2003 SLG 899 2003 SLD 899 2003 SCMR 516 |
Supreme Court of Pakistan
Criminal Appeals Nos. 592 and 593 of 2000, decided on 16th October, 2002. (On appeal from the judgment dated 21-2-2000 of Lahore High Court, Multan Bench passed in Criminal Appeal No. 198 of 1997 and Murder Reference No. 170 of 1997)
NAZIM HUSSAIN SIDDIQUI, HAMID ALI MIRZA AND KARAMAT NAZIR BHANDARI, JJ
M. Zaman Bhatti, Advocate Supreme Court (in Criminal Appeal No. 592 of 2001) and for
Respondent No. 1 (in Criminal Appeal No. 593 of 2001) for Appellants. Zia Ullah, Advocate Supreme Court for Appellants (in Criminal Appeal No. 592 of 2001). Ch. Ghulam Ah
Criminal Appeals Nos. 592 and 593 of 2000, decided on 16th October, 2002. (On appeal from the judgment dated 21-2-2000 of Lahore High Court, Multan Bench passed in Criminal Appeal No. 198 of 1997 and Murder Reference No. 170 of 1997)
NAZIM HUSSAIN SIDDIQUI, HAMID ALI MIRZA AND KARAMAT NAZIR BHANDARI, JJ
M. Zaman Bhatti, Advocate Supreme Court (in Criminal Appeal No. 592 of 2001) and for
Respondent No. 1 (in Criminal Appeal No. 593 of 2001) for Appellants. Zia Ullah, Advocate Supreme Court for Appellants (in Criminal Appeal No. 592 of 2001). Ch. Ghulam Ah
RAFIQUE AHMED and others
VS
THE STATE and others
Law: Pakistan Penal Code, 1860
Section: 302(b),34,324,34
Law: Constitution of Pakistan, 1973
Section: 185(3)
(a) Penal Code (XLV of 1860)--- ----Ss. 302(b)/34 & 324/34---Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal was granted to accused to reassess and evaluate the entire evidence so as to find out whether the guilt of the accused had been established in accordance with the principles enunciated from time to time for safe administration of justice in criminal cases and whether High Court was legally justified in reducing the sentence of one accused for the reasons stated in the impugned . (b) Penal, Code (XLV of 1860)--- ----Ss. 302(b)/34 & 324/34---Appraisal of evidence---Occurrence had taken place in day light ---F.I.R. had been promptly lodged---Complainant and the injured witnesses whose presence at the spot was established had fully implicated the accused---Prosecution evidence was irrefutable---Recovery of crime weapons at the instance of accused coupled with the reports of the Chemical Examiner and the Forensic Science Laboratory as well as medical evidence had corroborated the ocular testimony---High Court had converted the death sentence of one accused to imprisonment for life for substantial reasons based on evidence brought on record and the discretion exercised by it did not warrant any interference---Appeals were dismissed accordingly. JUDGMENT NAZIM HUSSAIN SIDDIQUI, J.---This judgment will dispose of Criminal Appeals Nos.592 and 593 of 2000, as common questions of facts and law are involved in these matters and they arise from the same judgment dated 21-2-2000 of a learned Division Bench, Lahore High Court, Multan Bench, whereby Criminal Appeal No.198 of 1997 and Murder Reference No. 170 of 1997 were disposed of. 2.The occurrence took place on 15-8-1994 at about 7-15 a.m. in Mouza Shah Abbas Wala Daya Choke, Tehsil Kot Addu, District Muzaffargarh. F.I.R., was recorded on the statement of Ashiq Hussain on said date at about 8-30 a.m. at Police Station Sanawan by Mureed Abbas, A.S.-I. 3. It is a double murder case and the deceased of this case are Barkat Ali and Ashfaque Ali. The incident was witnessed by Ashiq Hussain complainant, Abbas Ali, Ilyas Ali, Riaz Hussain and Muhammad Hussain P.Ws. Of them, Abbas Ali and Ilyas Ali are…
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