| Citation(s) |
|---|
| 2017 SLG 1376 2017 SLD 1376 2017 SCMR 1732 |
Supreme Court of Pakistan
Criminal Appeal No. 300-L of 2009 and Jail Petition No. 996 of 2009, decided on 11th May, 2017. Heard on: 11th May, 2017. (On appeal from the judgment of the Lahore High Court, Lahore Dated 29.10.2008 passed in Crl. A. No. 428 of 2002, Criminal Rev. No. 2
MANZOOR AHMAD MALIK, JUSTICE, SARDAR TARIQ MASOOD, JUSTICE, MAZHAR ALAM KHAN MIANKHEL, JUSTICE
Sardar Khurram Latif Khan Khosa, Advocate Supreme Court for Appellant (in Crl. A. No. 300-L of 2009). Sh. Khizar Hayat, Senior Advocate Supreme Court and Imtiaz A. Shaukat, Advocate-on-Record for
Respondent No.1. Mazhar Sher Awan, Additional P.G. for th
Criminal Appeal No. 300-L of 2009 and Jail Petition No. 996 of 2009, decided on 11th May, 2017. Heard on: 11th May, 2017. (On appeal from the judgment of the Lahore High Court, Lahore Dated 29.10.2008 passed in Crl. A. No. 428 of 2002, Criminal Rev. No. 2
MANZOOR AHMAD MALIK, JUSTICE, SARDAR TARIQ MASOOD, JUSTICE, MAZHAR ALAM KHAN MIANKHEL, JUSTICE
Sardar Khurram Latif Khan Khosa, Advocate Supreme Court for Appellant (in Crl. A. No. 300-L of 2009). Sh. Khizar Hayat, Senior Advocate Supreme Court and Imtiaz A. Shaukat, Advocate-on-Record for
Respondent No.1. Mazhar Sher Awan, Additional P.G. for th
SHAH NAWAZ AND another///ER
VS
MUHAMMAD ASHRAF AND 2 others
Law:
Section:
Penal Code (XLV of 1860)---.--- ---.---Ss. 302(b) & 337-F(iii)---.---Qatl-i-amd, ghayr-jaifah-mutalahimah---.---Reappraisal of evidence---.---Accused had been attributed two firearm injuries on the chest of deceased, and other firearm injuries on the person of the injured-complainant---.---Ocular account furnished by complainant and another witness was fully supported by the medical evidence---.---Recovery of a weapon at the instance of the accused during the course of investigation coupled with the positive report of Forensic Science Laboratory further corroborated the prosecution case---.---Prosecution case stood fully proved against the accused beyond any shadow of doubt---.---High Court had already taken a lenient view due to tender age of accused and reduced his sentence of death to imprisonment for life---.---Appeal was dismissed accordingly. THIS JUDGMENT DELIVERED BY: MANZOOR AHMAD MALIK, JUSTICE:---.--- J.P.No.996-L/2009 According to the office, this petition is barred by 348 days. In the interest of justice, delay in filing this jail petition is condoned. 2. Muhammad Ashraf (petitioner) along with his co-convict namely Umar Farooq (since acquitted by the learned Lahore High Court) was indicted in case FIR No.69/1999 dated 09.02.1999 offence under sections 302 and 324, P.P.C. read with section 34, P.P.C. registered at Police Station Taunsa Sharif, District Dera Ghazi Khan for the murder of Javed Nawaz (deceased) and launching a murderous assault upon Shah Nawaz complainant. Vide judgment dated 22.05.2002, he was convicted under section 302(b), P.P.C. and sentenced to death. He was also directed to pay Rs.1,00,000/- (rupees one lac) only as compensation to the legal heirs of Javed Nawaz (deceased) and in default whereof to undergo simple imprisonment for six months. He was also convicted under section 337-F(iii), P.P.C. for causing injuries to Shah Nawaz complainant and sentenced to three years' R.I. He was further directed to pay an amount of Rs.10,000/- (rupees ten thousand only) as Daman payable to Shah Nawaz (injured). Umer Farooq co-convict of the appellant was also convicted under section 302(b)/34, P.P.C. and sentenced to imprisonment for…
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