| Citation(s) |
|---|
| 2002 SLG 2499 2002 SLD 2499 2002 PLD 567 |
Supreme Court of Pakistan
Jail Petition No. 160 of 2001, decided on 15th April, 2002.
NAZIM HUSSAIN SIDDIQUI AND SARDAR MUHAMMAD RAZA, JJ
Syed Ali Hassan Gillani, Advocate Supreme Court for Petitioner. Nemo for the State
Jail Petition No. 160 of 2001, decided on 15th April, 2002.
NAZIM HUSSAIN SIDDIQUI AND SARDAR MUHAMMAD RAZA, JJ
Syed Ali Hassan Gillani, Advocate Supreme Court for Petitioner. Nemo for the State
GHAZANFAR ABBAS er
VS
THE STATE
Law:
Section:
Penal Code (XLV of 1860)-------Ss. 302, 324 & 449---Constitution of Pakistan (1973), Art.185(3)--F.I.R. was lodged at the earliest possible time without any concoction and de'liberation---Accused remained absconded for six days---Pistol recovered from body search of accused at the time 'of his arrest had matched with the crime empties recox erred from the spot---Ocular version was supported by medical evidence---Number of injuries corresponded to the number of empties recovered from the spot in addition to an empty magazine of pistol--Eye-witnesses were natural witnesses of the occurrence and their testimony was worthy of credence---Accused being a neighbour of the complainant was known to the family and he could be easily identified in the light of the bulb from such a close distance---Motive was available to accused to commit the offence---Courts below had rightly appreciated the direct as well as the circumstantial evidence on record---Accused had come out to exterminate the whole family and his desperate act and a blatant violation of law could not be justified on the plea of unbridled sense of honour---No mitigating circumstance existed in favour of accused---Convictions and sentences of accused were upheld in circumstances and leave to appeal was refused to him accordingly. JUDGMENT SARDAR MUHAMMAD RAZA, J.---Ghazanfar Abbas son of Ijaz Hussain Shah of Jalalpur Pirwali, with reference to F.I.R. No. 176 of 1993 dated 8-10-1993 of Police Station Basti Jalalpur Pirwala, District Multan, was tried under sections 302/324/109, P.P.C. for committing the murders of Allah Ditta, Mst. Jewan Mai and Mst. Nazeer Mai. During the course of his attack he effectively attempted at the lives of Mst. Nasreen Mai and Fayyaz Hussain, a minor aged six years. The occutrenve took place at 02-00 hours after when the aforesaid Ghazanfar Abbas committed house-trespass. 2. The learned Additional Sessions Judge, Multan convicted him under section 449, P.P.C. and sentenced him to imprisonment for six years and a fine of Rs.20,000. Under section 324, P.P.C., having been convicted on two counts for causing injuries to Mst.Nasreen Mai and Fayyaz Hussain, he was sentenced to…
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