| Citation(s) |
|---|
| 2010 SLG 973 2010 SLD 973 2010 PLJ 794 |
Lahore High Court
Crl. Appeal No. 335 of 2006 & M.R. No. 695 of 2006, hearing Date : 08.04.2010.
KH. IMTIAZ AHMED, JUSTICE
Raja Ikram Ameen Minhas, Advocate for Appellant. Nemo for Complainant. Sh. Munir Ahmad, DPG for State.
Crl. Appeal No. 335 of 2006 & M.R. No. 695 of 2006, hearing Date : 08.04.2010.
KH. IMTIAZ AHMED, JUSTICE
Raja Ikram Ameen Minhas, Advocate for Appellant. Nemo for Complainant. Sh. Munir Ahmad, DPG for State.
ASAD MAHMOOD AND ANOTHER
VS
STATE
Law:
Section:
Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence recorded against appellant by trial Court--Challenge to--Sentence converted--Right of self-defence of person or property--Not a single scratch on the body of any of the appellants or their mother--Eye-witnesses--None of them was armed with any weapon--Case of prosecution--When they exchanged hot words appellants party went into the house and took daggar, iron rod and dandas--Appellant gave two blows with iron rod on the person of the deceased but the findings of trial Court were to the effect of occurrence had taken place at the spur of the moment--Conviction and sentence to both the appellants according to their robs, which they played during the occurrence, which took place in front of their house and were not armed with any weapon when the complainant party arrived, moreover, immediate cause of murder was shrouded in mystery--Complainant and deceased was also involved in criminal cases--Complainant's party was having a criminal history in their credit and they were the responsible for this occurrence--Conviction maintained--Appeal dismissed--Death sentence was not confirmed. THIS JUDGMENT DELIVERED BY: KH. MUHAMMAD SHARIF, CJ.- This judgment will dispose of Criminal Appeal No. 335 of 2006 filed by Asad Mahmood and Yasir Mahmood, appellants who were convicted and sentenced by learned Additional Sessions Judge, Rawalpindi vide judgment dated 21.9.2006 as under: ASAD MEHMOOD Death and to pay compensation of Rs. 50,000/- under Section 302(b) read with Section 34 PPC. YASIR MEHMOOD Three years RI, u/S. 337-F(ii) PPC on two counts as Daman. Two years RI, u/S. 337-A(i) PPC as Daman on two counts. Both the sentences were ordered to run concurrently with the benefit of Section 382-B Cr.P.C. Murder Reference No. 695 of 2006 for confirmation or otherwise of death sentence of Asad Mehmood appellant shall also be replied through this single judgment. 2. Brief facts of the case as narrated by the complainant in the complaint Ex.PJ are that he was residing in Gulistan colony and was a painter. On the day of occurrence he was returning to home at about 7.00 p.m. after seeing his friend Arshad,…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492