| Citation(s) |
|---|
| 2016 SLG 1524 2016 SLD 1524 2016 PLJ 105 |
Crl. Appeal No. 61 and Crl. R. No. 68 of 2009, heard on 8.9.2015. Date of hearing: 8.9.2015.
CH. MUSHTAQ AHMAD, J.
Ch. Muhammad Saeed, Advocate for Appellant. Ch. Ahmad Raza, Addl.P.G. for State. Malik Muhammad Latif Khokhar, Advocate for Complainant.
JAVED AKHTAR--Appellant
VS
STATE--Respondent
Law:
Section:
Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Blind murder--Last seen evidence--No direct evidence--Extra judicial confession--Recovery of weapon of offence--Validity--Alleged extra judicial confession, it is well settled by now that extra judicial confession is tainted piece of evidence and story of extra judicial confession is usually concocted just to strengthen prosecution case in cases where direct evidence was not available--Evidence produced in instant case by prosecution was not confidence inspiring and worthy of credence to record conviction against appellant--Law is well settled that accused is entitled to benefit of doubt if it arises from facts and circumstances of case. JUDGMENT Appellant Javed Akhtar has challenged his conviction and sentence through Criminal Appeal No. 61 of 2009. He was tried by learned Additional Sessions Judge, Multan in case FIR No. 109/2005 dated 03.11.2005 under Section 302, PPC registered with Police Station Budhla Santt, Multan. Complainant Javed Iqbal has filed Criminal Revision No. 68 of 2009 seeking enhancement of sentence of the appellant. I propose to decide both these matters through this consolidated judgment. 2. On conclusion of trial, learned trial Court vide its judgment dated 24.01.2009 convicted and sentenced the appellant as under:-- Convicted U/S 302(b), PPC and sentenced to undergo Imprisonment for life. He was also held liable to pay Rs. 1,00,000/- as compensation under Section 544-A, Cr.P.C. to the legal heirs of deceased Pervez Iqbal. In default thereof, to further undergo rigorous imprisonment for six months. Benefit under Section 382-B, Cr.P.C. was also given to the appellant. 3. Facts of the case as alleged in the FIR, are that on 03.11.2005 at about 06:30 P.M., complainant and his younger brotherPervaiz Iqbal were going to their house from Budhla Sant on their bicycles. Complainant was following his brother at some distance. When they reached near tube-well of Chaudhary Nazar Hussain alias Muhammad Hussain Randhawa, sound of a fire shot was heard suddenly and brother of complainant fell down from his bicycle. On raising outcry by complainant, Muhammad…
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