| Citation(s) |
|---|
| 2017 SLG 2945 2017 SLD 2945 2017 SCMR 2024 |
Supreme Court of Pakistan
Criminal Appeal No. 54-L of 2009, decision & hearing date: 9-05-2017 (On appeal from the of the Lahore High Court, Lahore dated 07.04.2008 passed in Crl. A. No. 295-J of 2002 and M.R. No. 668 of 2002)
MANZOOR AHMAD MALIK, JUSTICE, SARDAR TARIQ MASOOD, JUSTICE, MAZHAR ALAM KHAN MIANKHEL, JUSTICE
M. Tahir Ch., Advocate Supreme Court and Mahmudul Islam, Advocate-on-Record for Appellant. Mazhar Sher Awan, Additional P.G. for the State.
Criminal Appeal No. 54-L of 2009, decision & hearing date: 9-05-2017 (On appeal from the of the Lahore High Court, Lahore dated 07.04.2008 passed in Crl. A. No. 295-J of 2002 and M.R. No. 668 of 2002)
MANZOOR AHMAD MALIK, JUSTICE, SARDAR TARIQ MASOOD, JUSTICE, MAZHAR ALAM KHAN MIANKHEL, JUSTICE
M. Tahir Ch., Advocate Supreme Court and Mahmudul Islam, Advocate-on-Record for Appellant. Mazhar Sher Awan, Additional P.G. for the State.
FAYYAZ ALIAS FIAZI
VS
THE STATE
Law: Penal Code (XLV of 1860)
Section: 302(b)
(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Case of a single accused, who had been nominated with the specific allegation of causing firearm injury to the deceased---Occurrence took place in a grocery shop, and ocular account was furnished by brother of the deceased and owner of the shop---Ocular account was fully supported by medical evidence furnished by the doctor, who conducted autopsy on the dead body of deceased---Prosecution case stood proved against the accused beyond any shadow of doubt and his conviction under S.302(b), P.P.C. recorded by the Trial Court and maintained by the High Court was fully justified---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---Only a single fire-shot was attributed to the accused and there was no allegation of repetition of firing---High Court had observed that 'the improved part of the motive' could not be relied upon---While maintaining conviction of the accused under S. 302(b), P.P.C., his sentence of death was altered to imprisonment for life---Appeal was partly allowed accordingly. THIS JUDGMENT PASSED BY: MANZOOR AHMAD MALIK, JUSTICE:---.--- Appellant faced trial before the learned Sessions Judge Sialkot in case FIR No. 27/1999 dated 20.02.1999 offence under section 302, P.P.C. registered at Police Station Head Marala, District Sialkot for the murder of Muhammad Asif (deceased) brother of the complainant. Vide dated 23.07.2002, he was convicted and sentenced as under:- "...Resultantly, accused Fayyaz alias Fiazi is convicted under section 302(b), P.P.C. and punished with Death as "Tazir" having regard to the facts and circumstances of this case. He shall be hanged by neck till he is dead. He is directed to pay a sum of Rs.2,00,000/- (two lacs) as compensation to the legal heirs of the deceased as per provisions of section 544-A, Cr.P.C. The compensation shall be recoverable through Arrears of Land Revenue and in case of default in payment of compensation or non recovery of same through Arrears of Land Revenue the accused…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492