| Citation(s) |
|---|
| 2017 SLG 636 2017 SLD 636 2017 MLD 388 |
Sindh High Court
Criminal Appeal No. 161 & Confirmation Case No. 2 of 2015, decided on 30th March, 2016, Heard on: 15th March, 2016.
NAIMATULLAH PHULPOTO, JUSTICE, AFTAB AHMED GORAR, JUSTICE
Muhammad Ramzan for Appellant. Muhammad Iqbal Awan, Asstt: Prosecutor General Sindh for the State. Fazul Rehman for the Complainant.
Criminal Appeal No. 161 & Confirmation Case No. 2 of 2015, decided on 30th March, 2016, Heard on: 15th March, 2016.
NAIMATULLAH PHULPOTO, JUSTICE, AFTAB AHMED GORAR, JUSTICE
Muhammad Ramzan for Appellant. Muhammad Iqbal Awan, Asstt: Prosecutor General Sindh for the State. Fazul Rehman for the Complainant.
SONA KHAN ALIAS SONHRA --Appellant
VS
THE STATE --Respondent
Law:
Section:
(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Eye-witnesses, along with the deceased were working at the same place---Presence of eye-witnesses at the place of incident, therefore, had been established---Names of the eye-witnesses had been mentioned in promptly lodged FIR---Eye-witnesses, though were closely related to the deceased, but their evidence could not be discarded on that ground alone, when said witnesses had no motive to falsely implicate accused in the case---Evidence of said witnesses was fully corroborated by the medical evidence---Appraisal of evidence, carried out by the Trial Court, did not suffer from any infirmity---Witnesses remained firm on all major particulars of the case i.e. date, time and place of occurrence; and despite lengthy cross-examination, their credibility could not be shattered---Prosecution had proved motive against accused for commission of offence---Accused was caught hold at the spot, crime weapon/churry was recovered from him, which was sent to Chemical Examiner, who gave positive report---Accused came prepared at the place of incident to commit murder---Case against accused had fully been proved---No mitigating circumstances had been pointed out by the counsel for accused for reduction of sentence of death---Accused had committed murder in cruel and callous manner by causing knife blows at the vital parts of deceased---Normal penalty of death awarded to accused by the Trial Court, seemed to be justifiable---Appeal was dismissed; Reference for confirmation of death sentence, was answered in affirmative. Mir Alam v. Amroz Khan and another PLD 2015 Pesh. 125; Akhtar Hussain alias Kaka v. The State 2009 PCr.LJ 444; Abid Hussain v. The State 2008 PCr.LJ 230; Abdul Wahid v. Umar and 2 others 2013 PCr.LJ 192; Muhammad Irfan v. The State PLD 2008 Kar. 182; Muhammad Rafique v. The State PLD 2008 Lah. 268; Mst. Nazakat v. Hazrat Jamal and another PLD 2007 SC 453; Amal Sherin and another v. The State through AG, N.-W.F.P. PLD 2004 SC 371; Iftikhar Ahmed v. The State 2005 SCMR 272; Muhammad Asghar and others v. The State 1997 MLD 2197; Salim Javed Durrani v. The State through Deputy…
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