| Citation(s) |
|---|
| 2010 SLG 968 2010 SLD 968 2010 PLJ 769 |
Lahore High Court
Crl. Appeal No. 53 of 2006, M.R. No. 101 of 2006 and Crl. Rev. No. 60 of 2006, hearing Date : 08.04.2010.
IMTIAZ AHMED, JUSTICE
Mr. Sana Ullah Zahid and Syeda B.H. Shah, Advocates for Appellant. Syed Zulfiqar Abbas Naqvi, Advocate for Complainant. Sh. Muhammad Munir, D.P.G. for State.
Crl. Appeal No. 53 of 2006, M.R. No. 101 of 2006 and Crl. Rev. No. 60 of 2006, hearing Date : 08.04.2010.
IMTIAZ AHMED, JUSTICE
Mr. Sana Ullah Zahid and Syeda B.H. Shah, Advocates for Appellant. Syed Zulfiqar Abbas Naqvi, Advocate for Complainant. Sh. Muhammad Munir, D.P.G. for State.
NAZAKAT HUSSAIN ALIAS RAMBO
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--Mitigating circumstances--It was a case of single accused--Broad day light occurrence--No question of mistaken identity--No question of substitution because substitution is a rare phenomenon--Occurrence had taken place in front of the house of the deceased and presence of eye-witnesses is natural--Ocular account was fully corroborated by medical evidence--No previous enmity between the parties--Appellant had caused single injury--Death sentence was not called for and mitigating circumstances were available--Conviction maintained u/S. 302(b) but sentence converted from death to imprisonment for life--Order accordingly. THIS JUDGMENT DELIVERED BY: KH. MUHAMMAD SHARIF, C.J.- This judgment will dispose of Criminal Appeal No. 53/2006 filed by Nazakat Hussain alias Rambo, appellant, who was convicted and sentenced to death by learned Sessions Judge, Chakwal vide impugned judgment dated 4.02.2006. Murder Reference No. 101 of 2006 for confirmation or otherwise of death sentence of Nazakat Hussain alias Rambo appellant and Criminal Revision No. 60 of 2006 filed by Mst. Ghulam Bushra widow of deceased Azhar Abbas, against respondent for enhancement of amount of compensation shall also be disposed of through this single judgment. 2. Brief facts of the case are that on 13.10.2005, Sajjad Haider complainant and his maternal uncle (Mamoo) Raja Azhar Abbas were getting the pipes of water supply fitted in his house from plumber Nazakat Hussain alias Rambo. The work was not done up to their satisfaction, so he asked him to again repair the pipe. He refused to do so and also asked for the payment of his charges. On this a quarrel took place between his Mamoo and Nazakat Hussain. Meanwhile, Muhammad Ismail son of Mureed Khanresident of the village also came there. He cooled down Nazakat Hussain and also separated them. Nazakat Hussain went home stating that he would not leave Raja Azhar Hussain alive. They were still present there and Raja Azhar Abbas was busy in his work when at 3.30 p.m. Nazakat Hussain armed with hatchet came from his house…
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