Case Details

Citation(s)
2016 SLG 2653 2016 SLD 2653 2016 PCRLJ 159
Lahore High Court
Criminal Appeal No. 1028 of 2007, decided on 14th May, 2015. Date of hearing: 14th May, 2015.
MAZHAR IQBAL SIDHU, JUSTICE
Zafar Iqbal Sial for Appellant. Iftikhar ul Haq, Additional P.G. for the State. Rai Sajid Ali Kharl for the Complainant.

IMRAN ALI - --Appellant

VS

THE STATE - --Respondent

Law:

Section:

Penal Code (XLV of 1860) --------- ----------Ss. 302(b) & 364 --------- Qanun-e-Shahadat (10 of 1984), Art. 40 --------- Qatl-i-amd and kidnapping for murder --------- Appreciation of evidence --------- Recovery on disclosure of accused --------- Accused was juvenile and alleged to have kidnapped deceased and murdered him by cutting throat of deceased with Churri (knife) --------- Accused was convicted by Trial Court and sentenced variously extending up to imprisonment for life --------- Abrasions all over the forehead including bridge of nose necessarily implicated that deceased was murdered in ruthless manner as incised wound found on right to left side of front of neck cutting upto thyroid and trachea measuring 8 cm x 6 cm, let death of deceased immediately caused by Chhuri --------- Medical evidence supported ocular account --------- Accused was arrested on 18-7-2006 and while in police custody, he on 24-7-2006, got recovered blood-stained Chhuri on his pointing out --------- Chhuri was made into sealed parcel and took into possession and its report was positive and also got recovered motorcycle on the same day --------- Such facts further beefed up prosecution version --------- Accused was tried as juvenile and remained escaped from capital punishment of death as case against accused had been noticed as fool proof --------- Explanation furnished by accused in his statement recorded under S. 342, Cr.P.C. had no support being alien to facts and circumstances of the case --------- Trial Court had given a well-reasoned --------- High Court did not locate any perversity, illegality and impropriety in impugned passed by Trial Court or any loophole in material available on file to extend any benefit to accused --------- Appeal was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: MAZHAR IQBAL SIDHU, JUSTICE:---------- This judgment will dispose of above captioned criminal appeal filed by appellant Muhammad Nadeem who was convicted by learned Addl. Sessions Judge/Juvenile Court, Faisalabad in a case registered vide FIR No. 676/06 dated 16.7.2006 under section 302/34, P.P.C. at P.S. Ghulam Muhammad Abad, Faisalabad vide impugned judgment dated 29.9.2007…
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