| Citation(s) |
|---|
| 2018 SLG 2988 2018 SLD 2988 2018 PCRLJ 178 |
Criminal Appeals Nos. 46 of 2004, 186 of 2017, Criminal References Nos. 8 of 2004 and 233 of 2017, decision Dated: 22-05-2018.
AZHAR SALEEM BABAR, JUSTICE
Petitioner(s) by: Fazl Mahmood Baig and Waqar Farooq Abbasi
Respondent(s) by: Sardar Javaid Nisar Khan, Nemo, Raja Ayyaz Ahmad, Assistant A.G.
ALI AKBAR KHAN AND OTHERS
VS
MUHAMMAD QADEER KHAN AND OTHERS
Law:
Section: 34,302(b)
(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Criminal Procedure Code (V of 1898), S.417---Qatl-i-amd, common intention---Appeal against acquittal---Appreciation of evidence---Assertion of prosecution witnesses regarding infliction of stick blows to complainant and deceased by acquitted accused, did not find support from postmortem and medical report---Statements of prosecution witnesses recorded under S.161, Cr.P.C., did not disclose about 'lalkara' attributed to acquitted accused---Prosecution witnesses, though, in their court statements, deposed that acquitted accused had raised 'lalkara', but non-mentioning of the same in FIR, as well as in the statements recorded under S. 161, Cr.P.C., could not be ignored---Prosecution witnesses made improvements in their statements to the extent of raising 'lalkara' by acquitted accused---Court below did not give weight to said assertion of prosecution witnesses in right direction---When accusation levelled against acquitted accused by the prosecution, could not be established through medical reports, it would not be appropriate to award him punishment---Points agitated by legal heirs of the deceased for awarding punishment to acquitted accused, were not tenable and the grounds recorded by the Trial Court for his acquittal, were sufficient to meet the ends of justice---Trial Court while acquitting accused of the charges levelled against him, did not commit any error---Impugned of acquittal, did not call for any interference, in circumstances---Appeal against acquittal was dismissed. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Appeal against acquittal---Appreciation of evidence---Eye-witnesses were unanimous on the point that accused persons being armed with "Chhurries", arrived at the spot and inflicted blows upon the body of the deceased---Deposition of eye-witnesses regarding infliction of blows, was supported by post-mortem report---Infliction of blows of Chhurries to the deceased, had been established through evidence of eye-witnesses as well as medical evidence, in circumstances---Doctor, fully corroborated the post-mortem report---Recovered Chhurries were…
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