Case Details

Citation(s)
2017 SLG 1188 2017 SLD 1188 2017 PLJ 368
Lahore High Court
Crl. Appeal No. 411 of 2011, heard on 15.2.2017. Date of hearing: 15.2.2017.
ASJAD, JAVAID GHURAL, J.
Mr. Shafqat Raza Thaheem, Advocate for Appellants. Prince Rehan Iftikhar, Advocate for Complainant. Mr. Adnan Latif, D.D.P.P. for State.

MUHAMMAD YOUSAF & 3 others --Appellants

VS

STATE & another --Respondents

Law:

Section:

Pakistan Penal Code, 1860 (XLV of 1860) ------ ------ ------ S. 302(b) ------ Conviction and sentence ------ Challenge to ------ Prosecution has successfully proved charge levelled against appellants ------ Though appellant was been found to be not involved in alleged occurrence by Investigating Officer, yet ipsi dixit of police opinion is not binding upon Court, if otherwise offence is proved through cogent and reliable evidence produced by prosecution ------ Both witnesses were resident of same street especially PW, who was resident of adjacent house and was busy in talking, at rooftop, with PWs having their residence at a few paces from place of occurrence and was present on roof of deceased deceased father of complainant in month of July, which are quite usual in month of July in rural areas, when appellants along-with co-accused (since P.Os) trespassed into house of by scaling over wall in furtherance of their common intention and committed murder of and real brothers mercilessly and role assigned to appellants has specifically been attributed to them while viewing science of occurrence in light of gas lamp ------ None of appellants caused injury to deceased but even then they are equally liable for murder of both deceased in furtherance of their common object as well ------ Though said lamp has not been taken into possession by Investigating Officer even then from day one, it was a stance of prosecution that occurrence had taken place in light of gas lamp ------ No one could entangle any innocent persons in place of real culprit in murder of his real father and uncle ------ Motive behind occurrence has been established and due to said motive, appellants had committed murder of both deceased ------ occurrence has been proved by prosecution through consistent, reliable and confidence inspiring evidence ------ Appeal was dismissal. JUDGMENT Through this appeal, appellants Muhammad Yousaf, Ghulam Shabbir, Zafar Iqbal and Munir Ahmad have challenged the vires of judgment dated 30.04.2014 passed by the learned Additional Sessions Judge, Kabirwala in case FIR No. 225 dated 22.07.2007, in respect of offences under Sections 302/449/148/149, PPC, registered at…
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