| Citation(s) |
|---|
| 2016 SLG 3851 2016 SLD 3851 2016 YLR 2036 |
Lahore High Court
Criminal Appeal No. 1678 and C.S.R. No. 33-T of 2009, heard on 22nd January, 2015. Date of hearing: 22nd January, 2015.
ABDUL SAMI KHAN AND SADAQAT ALI KHAN, JUSTICE
Ijaz Ahmad Chadhar for Appellant. Abdul Rehman for the Complainant. Khurram Khan, DPG for the State.
Criminal Appeal No. 1678 and C.S.R. No. 33-T of 2009, heard on 22nd January, 2015. Date of hearing: 22nd January, 2015.
ABDUL SAMI KHAN AND SADAQAT ALI KHAN, JUSTICE
Ijaz Ahmad Chadhar for Appellant. Abdul Rehman for the Complainant. Khurram Khan, DPG for the State.
IMRAN KHAN ALIAS MANA
VS
. THE STATE AND others
Law:
Section:
(a) Penal Code (XLV of 1860)----- -----S. 302(b)-----Anti-Terrorism Act (XXVII of 1997), S.7(a)-----Qatl-i-amd, act of terrorism-----Appreciation of evidence-----FIR, was registered promptly within 30 minutes-----Occurrence had taken place at night at a place where electric bulbs were lit-----Sufficient light being available at the place of occurrence, mis-identity of accused was not possible especially when both the parties were known to each other-----Presence of eye-witnesses at the time of occurrence could not be considered as improbable or unnatural-----Substitution, was a rare phenomenon, and it was not expected from father of the deceased to let off the real culprit and involve accused in the case-----Witnesses were cross-examined at length, but their evidence could not be shaken during the process of cross-examination; they corroborated each other on all material aspects of the case and their evidence, was straightforward, trustworthy and confidence inspiring-----Medical evidence had fully supported the ocular account furnished by prosecution witnesses-----Motive, had not specifically been denied by accused-----Prosecution had proved motive of occurrence against accused-----No discrepancy existed in the statements of witnesses of recovery-----Report of Forensic Science Laboratory showed that crime empties had been fired from the rifle recovered from the possession of accused-----Prosecution had proved its case beyond shadow of doubt against accused-----Defence plea of accused, was nothing except denial, which was not believable, and same was discarded-----Accused had committed shocking and callous murders of two deceased persons and caused injuries to two injured-----In absence of any mitigating circumstance, accused, did not deserve any leniency-----Conviction and sentence awarded to accused under S.302(b), P.P.C., and S.7(a) of Anti-Terrorism Act, 1997, were maintained-----Death sentence awarded to accused by the Trial Court was confirmed, and his appeal to that extent was dismissed. (b) Penal Code (XLV of 1860)----- -----S. 324-----Anti-Terrorism Act (XXVII of 1997), S.7(c)-----Attempt to commit qatl-i-amd, causing bodily harm and injury-----Trial…
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