| Citation(s) |
|---|
| 2017 SLG 450 2017 SLD 450 2017 SCMR 201 |
Supreme Court of Pakistan
Criminal Appeal No. 97 of 2011, decided on 14th November, 2016.
ASIF SAEED KHAN KHOSA, JUSTICE, DOST MUHAMMAD KHAN, JUSTICE, SARDAR TARIQ MASOOD, JUSTICE
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Criminal Appeal No. 97 of 2011, decided on 14th November, 2016.
ASIF SAEED KHAN KHOSA, JUSTICE, DOST MUHAMMAD KHAN, JUSTICE, SARDAR TARIQ MASOOD, JUSTICE
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KHALID MEHMOOD
VS
THE STATE --Respondent
Law: Pakistan Penal Code, 1860
Section: 302(b),324,337A(i),337D,337-F(i),337-F(i ii),306,307,308
(a) Penal Code (XLV of 1860)--- ----Ss. 306, 307 & 308---Qatl-i-amd---Qisas and Ta'zir---Principles---Provisions of Ss. 306, 307 & 308, P.P.C. were relevant only to a case of "Qisas" and not to that of Ta'zir. Zahid Rehman v. The State PLD 2015 SC 77 ref. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 337-A(i), 337-D, 337-F(i) & 337-F(iii)---Qatl-i-amd, attempt to commit qatl-i-amd, shajjah-i-khafifah, jaifah, ghayr-jaifah-damiyah, ghayr-jaifah-mutalahimah---Re-appraisal of evidence---Death sentence, confirmation of---Desperate nature of accused---Brutal and merciless nature of murder---Due to strained relations with his wife and her shifting to her brother's house the accused not only killed his wife and her brother but had also injured three other persons---For committing murder the accused not only used a pistol but also a screw-driver with the use of which he had tried to take out the eyes of some of his victims---Record made it abundantly clear that the accused had acted in the matter brutally and mercilessly and that he was a desperate person evoking no sympathy in the matter of his death sentence---Appeal was dismissed accordingly and death sentence awarded to accused was upheld. THIS JUDGMENT DELIVERED BY: ASIF SAEED KHAN KHOSA, JUSTICE:---.--- Khalid Mehmood appellant had been booked and tried in case FIR No. 272 registered at Police Station City C-Division, Rahim Yar Khan on 06.11.2001 for offences under sections 302 and 324, P.P.C. and after a full-dressed trial he was convicted by the trial court for offences under sections 302(b), 324, 337-F(iii), 337-A(i), 337-D, 337-F(iii), 337-F(i) and 337-A(i), P.P.C. and on the charge of murder he was sentenced to death and to pay compensation. All the convictions and sentences of the appellant were subsequently upheld by the High Court and his sentence of death was confirmed by it. Hence, the present appeal by leave of this Court granted on 31.03.2011. 2. Leave to appeal had been…
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