| Citation(s) |
|---|
| 2016 SLG 2495 2016 SLD 2495 2016 PCRLJ 1928 |
Lahore High Court
Criminal Appeals Nos.418, 143 and Criminal Revision No.366of 2013, heard on 18-05-2016, hearing DATE : 18-05-2016.
MUHAMMAD ANWAARUL HAQ, JUSTICE
Humayoun Rashid for Appellant No. 1 (in Criminal Appeal No. 418 of 2013).Humayoun Rashid for Appellant No. 2 (in Criminal Appeal No. 143 of 2013).Humayoun Rashid for
Respondent No. 1 (in Criminal Appeal No. 366 of 2013).Chaudhry Muhammad Mustafa, De
Criminal Appeals Nos.418, 143 and Criminal Revision No.366of 2013, heard on 18-05-2016, hearing DATE : 18-05-2016.
MUHAMMAD ANWAARUL HAQ, JUSTICE
Humayoun Rashid for Appellant No. 1 (in Criminal Appeal No. 418 of 2013).Humayoun Rashid for Appellant No. 2 (in Criminal Appeal No. 143 of 2013).Humayoun Rashid for
Respondent No. 1 (in Criminal Appeal No. 366 of 2013).Chaudhry Muhammad Mustafa, De
NISAR AHMAD AND others.VSTHE STATE AND others.
Law:
Section:
(a) Penal Code (XLV of 1860)---.--- ---.---S. 302---.---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---.---Qatl-i-amd---.---Adverse presumption---.---Complainant intentionally did not report the matter to police when his wife (injured and died later on) was in a position to make her statement before police---.---Effect---.---Such statement of injured/deceased, even if recorded, during her lifetime at police station, at District Headquarter Hospital or before police official who accompanied her to the hospital, was not brought on record by prosecution as the same was unfavourable to prosecution case---.---Presumption under Art. 129(g) of Qanun-e-Shahadat, 1984, was inferred in circumstances. (b) Penal Code (XLV of 1860)---.--- ---.---S. 302---.---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---.---Qatl-i-amd---.---Adverse presumption---.---Dishonest narration of facts---.---Both parties, complainant and accused did not narrate occurrence in honest manner and maliciously tried to twist facts in their own favour---.---Effect---.---Occurrence was admitted by accused to the extent of injuries to the deceased while bashing with tractor, with a variation that he was not driving the tractor at relevant time---.---Ocular account was not believed even by Trial Court in its totality---.---High Court was left with no other option but to sift grain from the chaff to draw its own independent conclusion for just decision of case. Syed Ali Bepari v. Nibran Mollah and others PLD 1962 SC 502 fol. (c) Penal Code (XLV of 1860)---.--- ---.---Ss. 302(b) & 315---.---Criminal Procedure Code (V of 1898), S. 200---.---Qatl-i-amd and qatl shibh-i-amd---.---Appreciation of evidence---.---Sentence, reduction in---.---Private complaint was filed wherein complainant alleged that accused had murdered his wife by running tractor over her---.---Trial Court convicted the accused for qatl-i-amd and sentenced him to imprisonment for life---.---Quarrel took place between accused and complainant and in the same sequel deceased received injuries on her person being struck with tractor driven by accused---.---Occurrence was not a case of driving over the tractor upon deceased as narrated by complainant…