Law: Criminal Procedure Code (V of 1898)

Section: 426

Law: Criminal Procedure Code (V of 1898)

Section: 426

Law: Pakistan Penal Code, 1860

Section: 302(b),148

Criminal Procedure Code (V of 1898)--- ----S. 426---Penal Code (XLV of 1860), Ss. 302(b)/148---Constitution of Pakistan, Art. 185(3)---Qatl-e-amd and rioting armed with deadly weapon---Suspension of sentence---Extra judicial confession---Principle of consistency---Conviction of accused was primarily based on extra judicial confession of principal accused, which he made before two prosecution witnesses---Principal accused and three other co-accused had been released on bail by way of suspending their sentences---Effect---Accused was prima facie on better footing as he had neither caused any injury to deceased nor had any motive to participate in the occurrence---Recovery of .30 bore pistol shown to have been recovered from the possession of accused during investigation was of no consequence---Supreme Court suspended the sentence awarded to accused by Trial Court and he was released on bail. ORDER MAHMOOD AKHTAR SHAHID SIDDIQUI, J.---The petitioner Azmatullah has been convicted along with five others under sections 302(b)/148, P.P.C. by the learned Additional Sessions Judge, Bhakkar in case F.I.R. No.122 of 2007 dated 6-6-2007 Police Station Mankera, District Bhakkar and sentenced to rigorous imprisonment for life vide judgment dated 25-3-2010. He challenged his conviction and sentence through Criminal Appeal No.826 of 2010 and also applied for the suspension of the sentences during the pendency of the appeal but the same has been declined by the learned Lahore High Court, Lahore vide impugned judgment dated 1-12-2010, hence this petition for leave to appeal. 2. The prosecution case in brief is that on 5-6-2007, Zafar Iqbal deceased, a Commission Agent (Arrahti) at Adda No.214/TDA, after closing his shop at about 9-00 p.m. left for his home on his motorcycle bearing registration No.7055/BK. His munshi Mukhtar Hussain complainant and Talib P.W. also accompanied him on the same motorcycle which was intercepted by two unidentified persons near the graveyard of Karari Kot Nusratwala. One of the perpetrators snatched the motorcycle and took out some cash from the pocket of the deceased and fled away. The matter was reported to the police on 6-6-2007 at about 12-50…

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