Case Details

Citation(s)
2016 SLG 3925 2016 SLD 3925 2016 YLR 2204
Peshawar High Court
Criminal Appeal No. 70-A of 2013, decided on 19th January,2016. Date of hearing: 19th January, 2016.
LAL, JAN KHATTAK AND QALANDAR ALI KHAN, JUSTICE
Haji Muhammad Pervaiz Khan Swati for Appellants.M. Naeem Abbasi, A.A.G. for the State.Ghulam Mustafa Khan Swati for the Complainant.

NAZIMUDDIN AND othersVS.THE STATE AND others

Law: Pakistan Penal Code, 1860

Section: 109,102B,302(b),324,327,337A(ii),365A,42 7

Law: Criminal Procedure Code (V of 1898)

Section: 544-A

(a) Penal Code (XLV of 1860)----- -----Ss. 302(b), 324, 337-A(ii) & 427-----Qatl-i-amd, attempt to commit qatl-i-amd, causing Shajjah-i-Mudihah, mischief-----Appreciation of evidence-----Sentence, reduction in-----Accused persons, were directly charged in the promptly lodged FIR-----Role of qatl-i-amd of the deceased was specifically assigned to one of accused persons-----Complainant, also specifically charged co-accused for hammer blows on his head-----External postmortem reports of the deceased confirmed fire-arm injuries on specific parts of deceased-----Confirmation of hammer blows on the complainant, fully supported version given by the complainant in the FIR-----Recovery of crime empties from the places assigned to accused in the site plan, together with positive report of Forensic Science Laboratory with regard to the blood stained pebbles, earth; blood stained garments of the deceased; recovery of two hammers used in the commission of offence by accused persons connected accused persons with the commission of offence-----Unexplained absconsion of accused persons, further augmented case of the prosecution against accused persons-----Overwhelming evidence, adduced by the prosecution, left no room for doubting version of the prosecution-----Non-reporting of the occurrence at the Police Station, omission on the part of Medical Officer to conduct internal postmortem of the deceased etc., did not tend to dislodge case of prosecution against accused persons-----Ocular account was furnished by the complainant and the eye-witnesses who though closely related to the deceased, had no motive-----Nothing had been alleged on account of the defence, to either falsely implicate accused persons, or substitute them for the actual culprits-----Ocular account furnished by the complainant and eye-witnesses also got corroboration from the circumstantial evidence-----Accused were rightly convicted, in circumstances-----Offence of qatl-i-amd of the deceased, though was proved against accused, but nature of motive cited for the offence and facts of case did not warrant the imposition of death penalty on him-----Punishment of death awarded to accused, was committed to…
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