| Citation(s) |
|---|
| 2015 SLG 2085 2015 SLD 2085 2015 YLR 1326 |
Federal Shariat Court
Criminal Appeal No. 8/Q and Criminal Murder Reference No. 1/I of 2013, decided on 22nd November, 2014. DATE of hearing: 11th November, 2014
DR. FIDA MUHAMMAD KHAN, SHEIKH NAJAM-UL-HASSAN AND ZAHOOR AHMED SHAHWANI, JJ
Syed Muhammad Tayyab and Ahsan Rafiq Rana for Appellants. Shah Muhammad Jatoi for the Complainant. Tahir Iqbal Khattak, Addl. Prosecutor General, Balochistan for the State
Criminal Appeal No. 8/Q and Criminal Murder Reference No. 1/I of 2013, decided on 22nd November, 2014. DATE of hearing: 11th November, 2014
DR. FIDA MUHAMMAD KHAN, SHEIKH NAJAM-UL-HASSAN AND ZAHOOR AHMED SHAHWANI, JJ
Syed Muhammad Tayyab and Ahsan Rafiq Rana for Appellants. Shah Muhammad Jatoi for the Complainant. Tahir Iqbal Khattak, Addl. Prosecutor General, Balochistan for the State
MUHAMMAD HAYAT and 2 others
VS
The STATE
Law:
Section:
Penal Code (XLV of 1860)--- ----Ss. 302(b) & 392---Qanun-e-Shahadat (10 of 1984), Art. 40---Qatl-i-amd, robbery---Appreciation of evidence---Complainant, who had identified accused persons during identification parade, had narrated the sequence of evidence---Defence could not demolish evidence of the complainant despite lengthy cross-examination---Recovered crime weapons and empties from the place of occurrence were sent to Forensic Division for chemical analysis, and the expert had confirmed that same matched with each other---Accused persons, though were not nominated in the FIR, but the record revealed that accused were taken into custody in the case after conducting of identification parade---Complainant and eye-witnesses had no motive to falsely implicate accused persons---Eye-witnesses had identified accused persons thrice correctly during identification parade---Prosecution witnesses had corroborated each other on material points, and no material contradictions existed in their deposition to be fatal to the case of prosecution---Accused persons, though were interrogated/investigated jointly when they allegedly made disclosure, but the disclosure of the each accused was compiled separately and signed by witnesses---Accused persons had made disclosure, and then led the Police to the recovery of crime weapons hidden in the reaped crop---Such disclosure, was admissible according to Art.40 of Qanun-e-Shahadat, 1984---Trial Court had rightly believed and relied upon the disclosures and recoveries---Nothing was on record to show that the expert had issued false report on account of any motive to strengthen the prosecution case---Medical evidence was fully corroborated by ocular account---Trial Court, had properly appreciated the evidence against accused persons, and had rightly convicted and sentenced accused persons---No illegality or irregularity had been pointed out in the impugned ---Prosecution having proved its case against accused persons, beyond reasonable doubt, their appeal was dismissed, and sentences, including death sentence awarded to accused persons, were maintained, in circumstances. PLD 2003 Kar. 470; PLD 2001 Quetta 47; 1973 SCMR 69; 2009…
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