| Citation(s) |
|---|
| 2011 SLG 2230 2011 SLD 2230 2011 SCMR 1394 |
Supreme Court of Pakistan
Criminal Appeal No. 150 of 2007, decision dated: 13-05-2009
M. JAVED BUTTAR, MUHAMMAD FARRUKH MAHMUD AND MAHMOOD AKHTAR SHAHID SIDDIQUI, JJ
Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395
Criminal Appeal No. 150 of 2007, decision dated: 13-05-2009
M. JAVED BUTTAR, MUHAMMAD FARRUKH MAHMUD AND MAHMOOD AKHTAR SHAHID SIDDIQUI, JJ
Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395
SHAMSHAD ALI
VS
. THE STATE
Law:
Section:
Penal Code (XLV of 1860)-------S. 302(b)---Qatl-e-amd---Appraisal of evidence---Promptly lodged F.I.R. and immediate investigation carried out on the spot had left no time with the complainant and the police to concoct a story for false implication of accused---Occurrence had taken place in the house of the complainant where she was residing with her accused husband and she, therefore, was a natural witness---Complainant had no motive for false implication of accused in the case---Statement of complainant inspired confidence, which was also corroborated by medical evidence---Solitary statement of a natural witness, even if. . not corroborated by any independent evidence, was sufficient to bring home the guilt of accused---Defence plea was without any basis---Accused had levelled false allegations against his real daughter after killing her---No misreading or non-reading of evidence or any legal infirmity could be pointed out in the impugned ---No mitigating circumstance for lesser punishment was available in favour of accused--- Appeal was dismissed in circumstances. Muhammad Zaman Bhatti, Advocate Supreme Court for Appellant. Mian Asif Mumtaz, D.P.G., Punjab for the State. Date of hearing: 13th May, 2009. JUDGMENT M. JAVED BUTTAR, J---This appeal, by leave, is directed against the judgment dated 5-4-2006 passed by a learned Division Bench of Lahore High Court, Lahore, whereby Criminal Appeal No. 4-J of 2006 filed by the appellant Shamshad Ali was dismissed and Murder Reference No.467 of 1999 forwarded by the trial Court was answered in affirmative and the death sentence awarded to the appellant by the learned trial Court was confirmed. 2. The appellant was tried in case F.I.R. No.148 dated 10-9-1998 registered at Police Station Wan Bachran, District Mianwali at the instance of Mst. Ameena Bibi (P.W.1), wife of the appellant for an occurrence of the same day in which complainant's and appellant's daughter Mst. Sajida Bibi (13/14) was killed for having suffered five incised wounds which were attributed to the appellant who was allegedly armed with a hatchet. Hon'ble Sessions Judge, Mianwali vide his judgment dated 22-10-1999, after regular trial, convicted the…
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