Case Details

Citation(s)
2011 SLG 504 2011 SLD 504 2011 PLD 84
Lahore High Court
Criminal Appeal No. 410-J and Murder Reference No. 599 of 2005, heard on 11th November, 2010
MANZOOR AHMAD MALIK AND MUHAMMAD ANWAARUL HAQ, JJ
Mian Abdul Qayyum Anjum for Appellant. Chaudhry Muhammad Mustafa, Deputy Prosecutor-General for the State. Chaudhary Rizwan Hayat for the Complainant

HAQ NAWAZ

VS

THE STATE

Law: Pakistan Penal Code, 1860

Section: 302(b),302

Law: Qanun-e-Shahadat (10 of 1984)

Section: 121

Law: Criminal Procedure Code (V of 1898)

Section: 544A,342,340(2),367(5),382C

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appreciation of evidence---F.I.R. was promptly registered with full details of the incident---Motive had been established through the evidence of the complainant, who had stated that when he reached in the house of deceased she told him that accused wanted to develop illicit relations with her, but she did not agree---Presence of eye-witnesses at the spot was quite natural as deceased was real daughter of the complainant and their presence in view of their consistent, coherent and straight forward evidence had been proved---Defence remained unable to shake their evidence, even after lengthy cross-examination---Both witnesses had no enmity or ill-will of their own to falsely involve accused in the case---Mere relationship of the witnesses was not at all a ground itself to discredit their testimony in a murder case---Minor variations in minute details of the incident were insignificant and did not affect their natural narration of the whole incident---Medical evidence and recovery of weapon of offence, coupled with positive reports of Chemical Examiner and that of Serologist, further corroborated ocular account---Accused pleaded that he had killed the deceased when he found her in a compromising position with a man, but accused had not been able to produce any evidence in that respect, except the statement of husband of the deceased who was in jail at that time; and he had simply stated that his deceased wife was not of a good moral character; but he conceded that they were living happily for the last about twelve years---Accused, in circumstances, had failed to prove that plea---No reason of false implication of accused who was a single accused in a promptly lodged F.I.R. was available---Finding of conviction of accused recorded by the Trial Court was quite in accordance with law and was based upon well recognized principles of appreciation of evidence in a criminal case. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Criminal Procedure Code (V of 1898), S.367(5)---Qatl-e­-amd---Sentence, quantum of---Counsel for accused remained unable to point out any circumstance in the case calling for any…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

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