| Citation(s) |
|---|
| 2015 SLG 594 2015 SLD 594 2015 YLR 17 |
Lahore High Court
Criminal Appeal No. 290-J of 2011 and Murder Reference No. 486 of 2009, heard on 15th July, 2014
ABDUL SAMI KHAN AND SYED SHAHBAZ ALI RIZVI, JJ
Nadeem Siddiqui for Appellants. Abdul Majeed Chishti, Defence Counsel at State expense. Mian Muhammad Awais, D.P.G. for the State. Complainant in person
Criminal Appeal No. 290-J of 2011 and Murder Reference No. 486 of 2009, heard on 15th July, 2014
ABDUL SAMI KHAN AND SYED SHAHBAZ ALI RIZVI, JJ
Nadeem Siddiqui for Appellants. Abdul Majeed Chishti, Defence Counsel at State expense. Mian Muhammad Awais, D.P.G. for the State. Complainant in person
Mst. IMAM SAIN and others
VS
The STATE
Law: Pakistan Penal Code, 1860
Section: 302(b),324,337-J,34
Law: Qanun-e-Shahadat (10 of 1984)
Section: 17,3
Law: Criminal Procedure Code (V of 1898)
Section: 161
(a) Penal Code (XLV of 1860)--- ----Ss.302(b), 324, 337-J & 34---Qatl-e-amd, attempt to commit qatl-e-amd, causing hurt by means of poison---Common intention---Appreciation of evidence---Case was based mainly upon the testimony of real daughter of accused and the deceased who was 10/11 years of age and she had furnished the direct evidence of motive and the incident, committed by both the accused persons---Court had satisfied itself as to level of said witness's understanding by putting questions to her in that regard and she not only firmly faced the rigor of cross-examination but also remained stuck to her earlier statement recorded under S.161, Cr.P.C.---No material or noticeable improvement and deviation from previous statement of said witness was noticed in her statement before the Trial Court and defence could not shake her confidence; and she answered several material questions in a very straight forward manner on each and every aspect of the occurrence---During cross-examination said witness kept explaining and confirmed her statement in examination-in-chief, and despite best effort, nothing beneficial to accused persons could be derived from her statement by the defence---Said witness's firmness and confidence, while making statement, reflected that she was the truthful witness of the nefarious activities of her mother, which resulted into death of her father and brother---Evidence furnished by said sole witness, also found corroboration from medical evidence and stood substantiated by the circumstances and other evidence produced by the prosecution---Accused with active participation of her co-accused, had inhumanly and ruthlessly choked the life of her husband and real son and also attempted to deprive her other five children of their precious lives---Such was a desperate and inhuman act on the part of (so-called) human beings which had resulted into a shock to the society, as no one could expect from a wife and from a mother to take life of her husband and real son just to breed amorous relationship---Accused persons, in view of callousness did not deserve any leniency or favour---Prosecution having remained successful to prove its case beyond…
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