| Citation(s) |
|---|
| 2016 SLG 1409 2016 SLD 1409 2016 LHC 643 |
Lahore High Court
Criminal Appeal No. 369 of 2011 and Murder Reference No. 68 of 2011, 24-02-2016
RAJA SHAHID MEHMOOD ABBASI,AND QAZI MUHAMMAD AMIN AHMED, JJ
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Criminal Appeal No. 369 of 2011 and Murder Reference No. 68 of 2011, 24-02-2016
RAJA SHAHID MEHMOOD ABBASI,AND QAZI MUHAMMAD AMIN AHMED, JJ
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Jabbar Khan The State
VS
The State & Another Jabbar Khan
Law:
Section:
QAZI MUHAMMAD AMIN AHMED, J:- Iftikhar Ali, 25, hereinafter referred to as the deceased, was found lying dead, in a pool of blood in a field adjacent to his house situated within the area of Shinka on 2-3-2011, at a distance of 6-k.m. From Police Station Hazru District Attock; dead body was spotted by his father Banaras Khan (PW-12) who reported the incident through statement (Ex.PF) recorded by Muhammad Nawaz, SI (PW-13) 3:00 a.m. At the spot. According to the complainant, during the fateful night, he was asleep inside his home with his family members when at about midnight time his wife informed him that deceased was not on his cot; as during the preceding evening, the deceased was in his Bhaitak along with his collateral Naeem and one Iqbal, he went to see him there, however, the Bhaitak was locked and when he returned near the gate, he saw the dead body. No one is nominated as accused in the crime report nor any motive is cited therefor. Autopsy was conducted at 5:00 a.m. On 2.3.2011 by Dr. Shafique-urRehman (PW-10), who noted eight firearm wounds, of them four are entry wounds, on the back of right side of neck, left lower abdomen, above umbilicus and right side of back of upper chest with exits thereof; injuries on the lower abdomen and right side of the back are with multiple apertures. Cause of death is opined as shock due to loss of blood; injuries on the abdomen and umbilicus accompanied by injury on the back of upper chest were sufficient to cause death in the ordinary course of nature with inter se duration between death and injuries one hour and postmortem about six hours. During spot inspection, the Investigation Officer collected blood and six casings of 30-caliber secured vide inventories. On 9-3-2011, the appellant and Ahsan, co-accused were arrested followed by Muhammad Naeem on 11-3-2011; the appellant, pursuant to a disclosure, led to the recovery of pistol (P-13) on 13-3-2011. Co-accused Ahsan also got recovered pistol (P-15). The casings were dispatched through Zahid Ali/C (PW-5) on 8-3-2011 followed by weapons on 16-3-2011; as per Forensic Science Laboratory report (Ex.PU) both the pistols were found wedded with the casings. Upon…
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