| Citation(s) |
|---|
| 2016 SLG 1788 2016 SLD 1788 2016 PHC 37 |
Peshawar High Court
Crl. Appeal No. 636-P/2013, 04.05.2016
ROOH-UL-AMIN KHAN, J
Crl. Appeal No. 636-P/2013, 04.05.2016
ROOH-UL-AMIN KHAN, J
Muhammad Jamal And OtherVSThe State
Law:
Section:
Keywords: Result: ROOH-UL-AMIN KHAN, J.- At a trial held by learned Trial Court/ Judge Juvenile Court Charsadda, appellants 1. Muhammad Jamal and 2. Rasool Shah, having been found guilty of committing the 'Qatl-e-Amd' of Hayat Ullah deceased, in furtherance of their common intention, vide judgment dated 12.11.2013, have been convicted under section 302 (b)/34 PPC and sentenced to undergo imprisonment for life as well as to pay a fine of Rs.2,00,000/- each, as compensation in terms of S.544-A Cr.P.C. or in default thereof, to undergo 06 months S.I., further. Benefit of S.382-B Cr.P.C., has been extended to them. 2. Through the instant appeal, the appellants convicts have questioned their conviction and sentence, while petitioner-complainant Wahid Ullah, through connected Cr.R. No.106-P/2015, seeks enhancement of sentences of the convicts from life imprisonment to normal penalty of death, provided for the offence. 3. Since, both the matters arise out from one and the same judgment of the learned Trial Court, therefore, we propose to dispose of the same through this common judgment. 4. The prosecution case as unfolded in First Information Report Exh.PA is that, on 10.10.2012 at 14.00 hours, Wahid Ullah complainant (PW.8), in company of dead body of his brother Hayat Ullah deceased, reported to local police in casualty of Charsadda hospital that the deceased was a watchman in Government Girls High School Prang Charsadda, who on 09.10.2012 at 16.00 hours, on receipt of persistent calls from somebody on his cell phone, he left the house but did not return home till next morning, therefore, he started search for him, during which course, he got information qua his murder in the sugarcane field of one Waseem situated at Mardan road, and when he reached there, found him shot dead by some unknown culprit/culprits. He did not disclose any motive behind the incident nor charged anyone by name, rather opted to nominate the actual culprit/ culprits after due satisfaction. 5. His report was recorded in the shape of murasila Exh.PA/1, by Muhammad Zaman S.I. (PW.1). He also prepared injury sheet and inquest report Exh.PW.1/1 and Exh.PW.1/2, respectively, of the deceased andβ¦