| Citation(s) |
|---|
| 2007 SLG 3493 2007 SLD 3493 2007 PLJ 103 |
Shariat Court (AJ&K)
Crl. A. Nos. 8 & 5 of 2006, decided on 14.6.2007
SYED HUSSAIN MAZHAR KALEEM, J.
Raja Muhammad Shafique, Advocate for Convict-Appellants. Addl. Advocate General for State. Sardar Abdul Hamid Khan, Advocate for Complainant
Crl. A. Nos. 8 & 5 of 2006, decided on 14.6.2007
SYED HUSSAIN MAZHAR KALEEM, J.
Raja Muhammad Shafique, Advocate for Convict-Appellants. Addl. Advocate General for State. Sardar Abdul Hamid Khan, Advocate for Complainant
MUHAMMAD MUSTAFA KHAN and others--Appellants
VS
MUHAMMAD ARSHID KHAN & others--Respondents
Law:
Section:
Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 242 & 342--Power to examine accused--Charged frame--Conviction and sentence--Assailed--Unconscious--Innocency--Appellant stated that deceased and others came to abduct accused's daughter--Fires were made from both sides and he did not know that whose fire hit the deceased--However, during his examination the convict pleaded not guilty and showed his innocence. [P. 107] A Azad Jammu & Kashmir Penal Code, 1860-- ----Ss. 302 & 34--Appreciation of evidence--Conviction and sentence--Challenge to--Benefit of doubt--Occurrence took place in house and dead body was found in house of appellant was not sufficient--Maintainability--Story regarding relations between deceased and accused's daughter was doubtful--Claim of prosecution that she invited victim at place of occurrence on instigation of the appellant was not proved--Recovery of weapon of offence was also doubtful--Held: Dead body was found in the house of accused was not sufficient to convict him--Held: Trial Court failed to appreciate the facts while convicting appellant--Prosecution story being highly doubtful was not worth consideration--Order accordingly. Order The above titled appeals have been directed against the judgment of District Court of Criminal Jurisdiction, Sudhnoti/Pallandri Dated 09-12-2006, whereby the appellant was convicted and sentenced 14 years simple imprisonment under Sections 302, A.P.C and Arms Act. 2. Brief facts leading to the background of the appeals are that a case under Sections 302/34, A.P.C was registered against the appellant and others at Police Station, Baloch on the complaint of Muhammad Arshad. It was reported that on October 6, 2005 at 01.00, a.m the complainant a Bus driver left Rawalpindi and came to Grand Dhmkian. At 7.00, a.m he was informed that Muhammad Mustafa with the connivance of his son-in-law killed Muhammad Amjad and dead body was lying in his house. Upon this the complainant alongwith his uncle Mazzam Hussain and Muhammad Razzaq came there and saw the dead body lying in pool of blood. He noticed fire-arm injuries at his head. Motive behind the occurrence was that deceased and Mst. Zainab Bibi were…
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