| Citation(s) |
|---|
| 2014 SLG 1477 2014 SLD 1477 2014 SCMR 1554 |
Supreme Court of Pakistan
Criminal Appeal No.293 of 2010, decided on 8th January, 2013. DATE of hearing: 8th January, 2013, (Against the judgment dated 23-4-2008 passed by the Lahore High Court, Lahore in Criminal Appeal No.285 of 2006)
ASIF SAEED KHAN KHOSA, AMIR HANI MUSLIM AND IJAZ AHMED CHAUDHRY, JJ
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Criminal Appeal No.293 of 2010, decided on 8th January, 2013. DATE of hearing: 8th January, 2013, (Against the judgment dated 23-4-2008 passed by the Lahore High Court, Lahore in Criminal Appeal No.285 of 2006)
ASIF SAEED KHAN KHOSA, AMIR HANI MUSLIM AND IJAZ AHMED CHAUDHRY, JJ
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KHIZAR HAYAT
VS
The STATE
Law:
Section:
Penal Code (XLV of 1860)-------Ss. 302(b) & 34---Qatl-e-amd, common intention---Reappraisal of evidence---Accused allegedly inflicted hatchet blows upon the deceased and murdered him---Trial Court convicted accused under Ss. 302(b) & 34, P.P.C. and sentenced him to imprisonment for life---High Court maintained conviction and sentence passed by the Trial Court---Validity---F.I.R. was promptly lodged and accused was nominated therein as the principal perpetrator---Medical evidence fully supported the ocular account, which was furnished by prosecution witnesses who were natural witnesses of the incident being inmates of the house wherein the occurrence took place---Blood-stained hatchet had also been recovered from the accused during investigation---Courts below undertook an exhaustive analysis of the evidence available on record and then concurred in their conclusion regarding guilt of accused---Courts below had already treated accused leniently in the matter of his sentence---Appeal was dismissed accordingly. Mrs. Roshan Ara, Advocate Supreme Court and Mrs. Tasneem Amin, Advocate-on-Record for Appellant. Ch. Zubair Ahmed Farooq, Additional Prosecutor-General, Punjab for the State. Date of hearing: 8th January, 2013. ORDER ASIF SAEED KHAN KHOSA, J.---Khizer Hayat appellant was tried in case F.I.R. No.189 registered at Police Station Satiana, District Faisalabad on 14-5-2000 in respect of an offence under section 302, P.P.C. read with section 34, P.P.C. and vide judgment dated 26-6-2002 handed down by the learned additional Sessions Judge, Jaranwala, District Faisalabad he was convicted for an offence under section 302(b), P.P.C. read with section 34, P.P.C. and was sentenced to imprisonment for life as Ta'zir and to pay a sum of Rs.25,000 to the heirs of the deceased by way of compensation under section 544-A, Cr.P.C. or in default of payment thereof to undergo rigorous imprisonment for six months. The benefit under section 382-B, Cr.P.C. was extended to him. The appellant challenged his conviction and sentence before the Lahore High Court, Lahore through Criminal Appeal No. 285 of 2006 which was heard and dismissed by a learned Judge-in-Chamber of the…
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