| Citation(s) |
|---|
| 2017 SLG 1713 2017 SLD 1713 2017 SCMR 1995 |
Supreme Court of Pakistan
Criminal Appeal No. 82-L of 2009, decision Date : 15-05-2016, heard on: 15-05-2017. (On appeal from the judgment of the Lahore High Court, Lahore Dated 10.09.2008 passed in Crl. Appeals Nos. 1418 and 1419 of 2002, Crl. Revision No. 1022 of 2002 and M.R. N
MANZOOR AHMAD MALIK, JUSTICE, SARDAR TARIQ MASOOD, JUSTICE, MAZHAR ALAM KHAN MIANKHEL, JUSTICE
Mrs. Tayyaba Ramzan Chaudhry, Advocate Supreme Court for Appellant. Mazhar Sher Awan, Additional P.G. for the State.
Criminal Appeal No. 82-L of 2009, decision Date : 15-05-2016, heard on: 15-05-2017. (On appeal from the judgment of the Lahore High Court, Lahore Dated 10.09.2008 passed in Crl. Appeals Nos. 1418 and 1419 of 2002, Crl. Revision No. 1022 of 2002 and M.R. N
MANZOOR AHMAD MALIK, JUSTICE, SARDAR TARIQ MASOOD, JUSTICE, MAZHAR ALAM KHAN MIANKHEL, JUSTICE
Mrs. Tayyaba Ramzan Chaudhry, Advocate Supreme Court for Appellant. Mazhar Sher Awan, Additional P.G. for the State.
MUHAMMAD MUSHTAQ
VS
The STATE
Law: Pakistan Penal Code, 1860
Section: 148,149,302,324,302(b)
(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Occurrence took place in daylight---Accused was attributed firearm injury on the chest of one of the deceased---General firing was also attributed to the accused on the other deceased---Ocular account furnished by complainant and prosecution witnesses was fully supported by the medical evidence furnished by the doctors---Prosecution successfully brought home guilt against the accused to the hilt---Appeal was dismissed to the extent of conviction of accused. (b) Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-i-amd--- Reappraisal of evidence--- Sentence, reduction in---Mitigating circumstances---No definite findings qua motive behind the occurrence were recorded by the appellate court---Alleged recovery of firearm at the instance of the accused was effected on 7-9-1997; positive report of Forensic Science Laboratory was inconsequential because the crime empties as well as the weapon were received in the office of Forensic Science Laboratory on 29-12-1997---Sentence of death awarded to accused was altered to imprisonment for life, in circumstances---Appeal was partly allowed accordingly. (c) Criminal trial--- ----Sentence, reduction in--- Mitigating circumstance--- Doubt in prosecution case---Effect---Where some doubt arose in the prosecution case the same may be taken as a mitigating circumstance while deciding the quantum of sentence of a convict. THIS JUDGMENT DELIVERED BY: MANZOOR AHMAD MALIK, JUSTICE:---.--- Muhammad Mushtaq (appellant) along with his co-accused was indicted in case FIR No. 187/1997 dated 12.08.1997 offence under sections 302, 324, 148 and 149, P.P.C. registered at Police Station Barki, District Lahore for Qatl-i-amd of Shahbaz and Waris both sons of the complainant and launching a murderous assault upon Manzoor Ahmad a cloth vendor. Vide judgment dated 26.07.2002, he was convicted under section 302(b), P.P.C. for the murders of Waris and Shahbaz (deceased) and sentenced to death on two counts. He was also ordered to pay compensation amount of Rs.1,00,000/- (rupees one lakh only) on each count to the legal heirs of both the deceased and in alternative he…
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