| Citation(s) |
|---|
| 2015 SLG 1626 2015 SLD 1626 2015 SCMR 423 |
Supreme Court of Pakistan
Criminal Appeal No.222 of 2006, decision dated: 12-12-2014, hearing DATE : 2-12-2014.(On appeal against the judgment dated 15-2-2005 passed by Lahore High Court, Lahore in Criminal Appeal No.285 of 2003 and Murder Reference No.15-T of 2003)
IJAZ AHMED CHAUDHRY, DOST MUHAMMAD KHAN AND QAZI FAEZ ISA, JJ
Dr. Muhammad Akmal Saleemi, Advocate Supreme Court for Appellants. Ahmed Raza Gillani, Additional P.G. for the State
Criminal Appeal No.222 of 2006, decision dated: 12-12-2014, hearing DATE : 2-12-2014.(On appeal against the judgment dated 15-2-2005 passed by Lahore High Court, Lahore in Criminal Appeal No.285 of 2003 and Murder Reference No.15-T of 2003)
IJAZ AHMED CHAUDHRY, DOST MUHAMMAD KHAN AND QAZI FAEZ ISA, JJ
Dr. Muhammad Akmal Saleemi, Advocate Supreme Court for Appellants. Ahmed Raza Gillani, Additional P.G. for the State
NASIR MEHMOOD and another
VS
The STATE
Law:
Section:
(a) Penal Code (XLV of 1860)-------Ss. 302, 324 & 452---Anti-Terrorism Act (XXVII of 1997), Ss. 7(a) & (c)---Pakistan Arms Ordinance (XX of 1965), S. 13---Criminal Procedure Code (V of 1898), S. 342---Qatl-i-amd, attempt to commit qatl-i-amd, house-trespass after preparation for hurt, acts of terrorism, possession of illegal weapon---Reappraisal of evidence---Death sentence, confirmation of---Accused persons admitting guilt in their statements under S. 342, Cr.P.C.---Effect---Accused persons in their statements under S. 342, Cr.P.C. admitted their participation in the occurrence but only claimed that the person they intended to murder by firing escaped and in the process deceased persons got killed---Statements of accused recorded under S. 342, Cr.P.C. if believed in entirety also found support from the prosecution evidence---Accused persons were afforded full opportunity to get recorded their statements under S. 342, Cr.P.C. without any duress or coercion--- Even at trial when accused persons were duly represented no question of duress or coercion arose---Accused persons did not deny the occurrence in which six persons lost their lives but had pleaded that the incident had not taken place in the manner narrated by the prosecution---Prosecution story also found support from the statements of doctors, who had examined the deceased persons---Crime empties recovered from the spot matched with the weapon recovered from the accused and not with any other weapon recovered from the co-accused persons---Injured witness, who was a natural witness of the incident also implicated accused persons in her statement under S. 161, Cr.P.C.---Accused persons had made repeated fires---Sufficient material was available to connect accused persons with the commission of the crime---Courts below had rightly sentenced accused persons to death and explanation put forward by accused persons that they had no intention to kill the deceased persons did not warrant reduction/leniency in their sentence---Appeal was dismissed accordingly. Azhar Iqbal v. State 2013 SCMR 383; Muhammad Azam v. The State 2009 SCMR 1232; Abdul Rehman alias Boota v. The State 2011 SCMR 34; Talat Mehmood v.…
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