| Citation(s) |
|---|
| 2017 SLG 1842 2017 SLD 1842 2017 SCMR 2034 |
Supreme Court of Pakistan
Cr.P. No. 1035-L of 2014 and Jail Petition No. 364 of 2014, decision and hearing Date : 21-02-2017 (On appeal against the judgment Dated 23.09.2014 passed by Lahore High Court, Lahore in Crl. A. No. 299-J of 2011 and M.R. No. 299 of 2010)
MANZOOR AHMAD MALIK, JUSTICE, SARDAR TARIQ MASOOD, JUSTICE
Rai Bashir Ahmed, Advocate Supreme Court and Sh. Masood Akhtar, Advocate-on-Record for Petitioners (in Crl. P. No. 1035-L of 2014). Nemo for Petitioners (in J.P. No. 364 of 2014). Mazhar Sher Awan, Additional P.G. Punjab for the State (in both cases).
Cr.P. No. 1035-L of 2014 and Jail Petition No. 364 of 2014, decision and hearing Date : 21-02-2017 (On appeal against the judgment Dated 23.09.2014 passed by Lahore High Court, Lahore in Crl. A. No. 299-J of 2011 and M.R. No. 299 of 2010)
MANZOOR AHMAD MALIK, JUSTICE, SARDAR TARIQ MASOOD, JUSTICE
Rai Bashir Ahmed, Advocate Supreme Court and Sh. Masood Akhtar, Advocate-on-Record for Petitioners (in Crl. P. No. 1035-L of 2014). Nemo for Petitioners (in J.P. No. 364 of 2014). Mazhar Sher Awan, Additional P.G. Punjab for the State (in both cases).
REHMAT KHAN AND ANOTHER
VS
THE STATE AND OTHERS
Law: Penal Code (XLV of 1860)
Section: 302(b)
(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Accused had been saddled with the role of firing the fatal shot at the head of deceased---Ocular account was furnished by complainant and another prosecution witness, and both of them remained steadfast and consistent on all material aspects of the case during the course of cross-examination despite a lapse of almost thirteen years after the occurrence---Prosecution case was fully supported by the medical evidence furnished by the doctor, who conducted post-mortem examination on the dead body of deceased---Trial Court had rightly discarded the plea of alibi taken by the accused---Conviction of accused under S. 302(b), P.P.C. was upheld in circumstances---Petition for leave to appeal was dismissed accordingly. (b) Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-i-amd--- Reappraisal of evidence--- Sentence, reduction in---Mitigating circumstances---Case of a single fire-shot and the recovery of weapon had been held to be inconsequential---High Court, in such circumstances, had rightly converted the death sentence awarded to accused into imprisonment for life---Petition for leave to appeal was dismissed accordingly. THIS ORDER PASSED BY: MANZOOR AHMAD MALIK, JUSTICE:---.--- Petitioners seek leave to appeal against the judgment dated 23.09.2014 passed by the learned Division Bench of the Lahore High Court (Lahore) whereby Criminal Appeal No. 299-J of 2011 filed by the Rehmat Khan (Petitioner in Jail Petition No. 364 of 2014) was dismissed, however, his sentence of death under section 302(b), P.P.C., for the murder of Sher Ghulam Khan (deceased) awarded by the learned trial court, was converted into life imprisonment. The amount of compensation to the tune of Rs.50,000/- (rupees fifty thousand only) payable under section 544-A, Code of Criminal Procedure to the legal heirs of Sher Ghulam Khan (deceased) or simple imprisonment for six months in default thereof was upheld and maintained. The convict petitioner was extended the benefit of section 382-B, Code of Criminal Procedure. Murder Reference sent by the learned trial Court was answered in the negative and the sentence of…
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