| Citation(s) |
|---|
| 2017 SLG 2172 2017 SLD 2172 2017 YLR 840 |
Federal Shariat Court
Cr. A. No. 104-I of 2010, decision Dated: 02-12-2016, hearing Date : 28-11-2016.
MRS. ASHRAF, JAHAN, JUSTICE
Ms. Nasreen Zafar for Appellants. Ali Haider, Assistant Prosecutor General Sindh for the State.
Cr. A. No. 104-I of 2010, decision Dated: 02-12-2016, hearing Date : 28-11-2016.
MRS. ASHRAF, JAHAN, JUSTICE
Ms. Nasreen Zafar for Appellants. Ali Haider, Assistant Prosecutor General Sindh for the State.
ATTIQ-UR-REHMAN AND ANOTHER
VS
THE STATE
Law:
Section:
Offences Against Property (Enforcement of Hadood) Ordinance (VI of 1979)--- ----S. 17(4)---Haraabah---Appreciation of evidence---Star witness of the prosecution, who was daughter-in-law of the deceased and complainant, in her evidence had clearly deposed in her evidence that one of the accused along with two co-accused had committed the murder; whom she had later on identified at the time of identification parade---Evidence on all material points had gone unshaken in cross-examination---Availability of accused persons at the time of incident in the house of complainant causing murder of the deceased and recovery of weapons used in crime, had neither been disputed nor challenged by the defence counsel during cross-examination---Star witness had no enmity, personal grudge or motive against accused persons to implicate them maliciously---FIR had been lodged promptly---Enmity of accused persons with the complainant party, prior to the incident, was neither alleged nor proved by the defence---No material discrepancy or contradiction in the prosecution evidence or any misreading or non-reading of the evidence was found by the Trial Court---Evidence brought on record by the prosecution, was confidence inspiring and sufficient to prove the charge against accused persons---Callous murder had been committed and the ocular and circumstantial evidence, had connected accused persons with the commission of crime---Appeal being without substance, was dismissed in circumstances. Muhammad Amjad v. State PLD 2003 SC 704; Zakir Khan v. State 1995 SCMR 1793; Elahi Bakhsh v. State 2005 SCMR 810 and Ghulam Nabi v. The State 2007 SCMR 808 ref. THIS JUDGMENT DELIVERED BY: MRS. ASHRAF JAHAN, JUSTICE:---.--- This judgment will dispose of Criminal Jail Appeal No. 104/I/2010, filed against the judgment dated 14.10.2010 passed by the learned 1st Additional Sessions Judge, Hyderabad, in Crime No. 36/2002, under section 17(4) Offences Against Property (Enforcement of Hudood) Ordinance, 1979 of Police Station B-Section, Latifabad, Hyderabad, whereby both the appellants were convicted and sentenced for imprisonment for life and to pay Rs.100,000/- (Rupees One Lac) each as compensation payable…
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