Case Details

Citation(s)
2016 SLG 1774 2016 SLD 1774 2016 LHC 424
Lahore High Court
Murder Reference No. 28/2012 Crl. Appeal No. 138-J of 2012, 16.02.2016
JAMES, JOSEPH AND KHALID MAHMOOD MALIK, JJ

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The State Faisal Alias Amjad

VS

Faisal Alias Amjad The State Etc

Law:

Section:

Keywords: Impugned Judgment, Not Warranted By Law, Death Sentence, Patwari, Investigation, F.I.R, Benefit Of Doubt, Trial Court, Cross-Examination KHALID MAHMOOD MALIK, J. By way of this judgment we would like to decide above-mentioned criminal appeal No.138-J of 2012 (Faisal alias Amjad Vs. The state etc.) and Murder Reference No.28 of 2012 as both have emanated out of same judgment dated 03.04.2012, passed by learned Sessions Judge Bahawalnagar in case/F.I.R No.294/2011, dated 28.06.2011, under Sections 302/34 PPC, registered at Police Station Faqirwali, District Bahawalnagar. 2. Through criminal Appeal No.138-J of 2012, appellant Faisal alias Amjad has assailed judgment dated 03.04.2012, delivered by learned Sessions Judg, Bahawalnagar, whereby he convicted Faisal alias Amjad, appellant under Section 302(b) PPC and sentenced him as under:- "Sentenced to "DEATH". He is also directed to pay an amount of Rs.1,00,000/- to the legal heirs of the deceased as required u/s 544-A Cr.P.C failing which he shall undergo SI for a period of six months." Whereas accused Mst. Saima Bibi was acquitted of the charge under Section 302 PPC by extending her the benefit of doubt. 3. Murder Reference No.28/2012 has been sent by the learned trial Court seeking confirmation of death sentence or otherwise awarded to appellant Faisal alias Amjad. 4. The facts of the case as narrated by Muhammad Boota, complainant (PW-3) in his statement before trial court and same statement is reproduced for narration of the facts:- " My father had married two wives. From the first wife I, Talib Hussain deceased and Sughran Bibi our sister are alive. From the second wife, Abdul Majeed has 08 issues including accused Faisal alias Amjad, Mst. Saba, real sister of accused, was married in Chak No.156/3-L with Laskhar Ali. My deceased brother Talib Hussain had married Mst. Saima Bibi accused present in the Court. My step brothers reside at Raja Jung in district Kasur. Faisal accused developed illicit relation with Mst, Saima Bibi accused. I stopped him from visiting our house. 15 days prior to this occurrence Faisal accused kidnapped Mst. Saima accused. One day prior to this occurrence, we received…
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