Case Details

Citation(s)
2016 SLG 1603 2016 SLD 1603 2016 PLJ 345
Lahore High Court
Crl. A. Nos. 162 & 434 of 2010, M.R. No. 136 of 2010, heardon 27.6.2014. Date of hearing: 27.6.2014.
ABDUL SAMI KHAN AND SYED SHAHBAZ ALI RIZVI, JJ.
Mr. Muhammad Tariq Khan, Advocates for Appellants.Ch. Ghulam Mustafa, Deputy Prosecutor General for State.Ch. Muhammad Shahid Buttar, Advocate for Complainant

MUHAMMAD BOOTA & others--AppellantsVSSTATE etc.--Respondents

Law:

Section:

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302, 324, 109, 148 & 149--Sentence--Abetment--Cause of death--Haemorrhage and shock caused by injury was sufficient--Natural eye-witnesses--Injured witness--Closely related inter se--Being cousin of deceased but that fact was not sufficient to brush aside their testimonies especially when their statements were quite natural as well as confidence inspiring being corroborated by other pieces of evidence including medical evidence, recovery of crime weapon further supported by positive report of FSL especially to extent of appellant--During cross-examination both witnesses remained stuck to their stance taken up by them on day of occurrence and deposed by them while appearing before trial Court--Defence remained fail to shake their confidence and their consistency with each other during cross-examination--Prosecution remained successful in proving its case regarding actual occurrence especially against appellant through ocular account furnished by PWs--Accused deserves benefit of doubt to extent of his sentence one out of two provided under Section 302(b) of PPC--Conviction under Section 302(b), PPC awarded to accused by trial Court was maintained, however, his sentence was altered from death to imprisonment for life. Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302, 324, 109, 148 & 149--Sentence--Evidence of recovery of crime weapon--Prosecution had produced PW who witnessed recovery of crime weapon through recovery memo. which was supported by evidence--Recovery of crime weapon further found strength and support from positive report of FSL regarding crime empty and crime weapon. Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302, 324, 109, 148 & 149--Sentence--Motive part of occurrence--Quantum of sentence--Prosecution remained successful to prove its case against accused beyond reasonable doubt as injury available on dead body of deceased was caused by .12 bore gun ocular account is having full support from medical evidence and corroboration from recovery of crime weapon effected at instance of appellant supported by positive report of FSL--Prosecution alleged a specific motive against…
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