Case Details

Citation(s)
2015 SLG 561 2015 SLD 561 2015 MLD 92

Criminal Appeal No. 15 of 2011, decided on 26th March, 2014
MUHAMMAD ALAM AND WAZIR SHAKEEL AHMED, JJ
Malik Haq Nawaz for Appellants. Assistant Advocate General for the State. Amjad Hussain for the Complainant

SAFA and 3 others

VS

The STATE and another

Law: Pakistan Penal Code, 1860

Section: 302,324,34

Penal Code (XLV of 1860)--- ----Ss. 302, 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---F.I.R. lodger/ complainant, who narrated actual account of occurrence, was not an eye-witness of the occurrence, and he reached at the scene of occurrence after hearing fire shots; and found the deceased breathing his last---Motive behind the occurrence was old enmity---Nothing material could be dug out from the lengthy cross-examination of three eye-witnesses, except, relationship of said witnesses, which had been admitted by them---Prosecution case was further proved by material suggestion, put forward by the counsel of accused persons---Occurrence had occurred, exactly according to the version of the prosecution; and the statement of the eye-witnesses---True account of story, had been substantiated through cross-examination, and suggestion put forward to eye-witnesses---Corroborative evidence, under the circumstances, could not be even looked into in presence of un-shattered confidence inspiring, and true account of eye-witnesses, which were enough to prove the guilt of accused persons---Appeal was dismissed maintaining the conviction and sentences, and amount of compensation to be paid by accused persons was enhanced. JUDGMENT WAZIR SHAKEEL AHMED, J.---The above named appellants through this criminal appeal have assailed the judgment/order dated 24-9-2011 of the learned Additional Sessions Judge Diamer, whereby the appellants Nos.1 and 2 were convicted and sentenced to life imprisonment with the direction to pay compensation of Rs. 200,000 (two Lac) to the legal heirs of deceased Jamshed failing which to undergo further 6 months' R.I. in the case F.I.R. No.32/08 chalked on 20-10-2008 at police station Thore Chilas under section 302/324/34 P.P.C. Appellants Nos. 3 and 4 were also convicted and sentenced to suffer 7 years' rigorous imprisonment and fine of Rs.30,000 each and to further undergo imprisonment of 3 month in case of failing to pay the above compensation amount under section 329 of P.P.C. in the case. 2. Brief facts of the case are that one Altaf Hussain son of Diyar resident of Pariika Thore District…
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