Case Details

Citation(s)
2014 SLG 1434 2014 SLD 1434 2014 SCMR 1464
Supreme Court of Pakistan
Civil Appeal No. 156 of 1987, decided on 10th June, 1991. (From the judgment of the Punjab Service Tribunal, dated 13-11-1986 passed in Case No. 668/352 of 1985).
ASIF SAEED KHAN KHOSA, AMIR HANI MUSLIM AND IJAZ AHMED CHAUDHRY, JJ

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NAVEED alias NEEDU and others

VS

The STATE and others

Law:

Section:

(a) Penal Code (XLV of 1860)-------S. 302(b)--- Qatl-e-amd--- Reappraisal of evidence--- Sentence, reduction in---Death sentence reduced to imprisonment for life---Motive not proved---Two convicts sentenced to death for murder of one deceased---Effect---Accused and co-accused were sentenced to death by Trial Court for murdering complainant's brother-in-law---High Court maintained death sentence passed by Trial Court---Validity---Motive set up by the prosecution for the incident was that prior to the incident accused and co-accused had committed some high-handedness with a girl from the locality, because of which complainant's father and deceased allegedly reprimanded and admonished the accused and co-accused and threatened to send them to jail---Complainant stated before Trial Court that during the incident forming the motive no serious reprimand or rebuke had been offered by his father or deceased to the accused and co-accused and no altercation had taken place or hot words exchanged on that occasion---Girl around whom the motive revolved had never been named or identified either during investigation or during trial---Complainant's father was also never produced either before the investigating officer or the Trial Court---No serious effort was made by the investigating agency to collect any evidence regarding the motive asserted by the complainant party---Specific motive set up by the prosecution remained far from being established on the record---Medical evidence also suggested that there was a possibility that all injuries sustained by deceased had been caused by one and the same weapon---Even otherwise one person had lost his life and for that two persons had been sentenced to death---Supreme Court maintained conviction of accused and co-accused recorded by Trial Court but reduced their sentences from, death to imprisonment for life---Appeal was dismissed accordingly. Ahmed Nawaz and another v. The State 2011 SCMR 593; Iftikhar Mehmood and another v. Qaiser Iftikhar and others 2011 SCMR 1165 and Muhammad Mumtaz and another v. The State and another 2012 SCMR 267 ref. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Sentence, reduction in---Death…
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