| Citation(s) |
|---|
| 2017 SLG 2894 2017 SLD 2894 2017 SCMR 1884 |
Supreme Court of Pakistan
Criminal Appeal No. 80-L of 2009, decision & hearing date: 15-05-2017 On appeal from the of the Lahore High Court, Multan Bench dated 17.12.2009 passed in Criminal Appeal No. 968 of 2001 and M.R. No. 112 of 2004
MANZOOR AHMAD MALIK, JUSTICE, SARDAR TARIQ MASOOD, JUSTICE, MAZHAR ALAM KHAN MIANKHEL, JUSTICE
Altaf Hussain, Advocate Supreme Court for Appellant. Mazhar Sher Awan, Additional P.G. for the State.
Criminal Appeal No. 80-L of 2009, decision & hearing date: 15-05-2017 On appeal from the of the Lahore High Court, Multan Bench dated 17.12.2009 passed in Criminal Appeal No. 968 of 2001 and M.R. No. 112 of 2004
MANZOOR AHMAD MALIK, JUSTICE, SARDAR TARIQ MASOOD, JUSTICE, MAZHAR ALAM KHAN MIANKHEL, JUSTICE
Altaf Hussain, Advocate Supreme Court for Appellant. Mazhar Sher Awan, Additional P.G. for the State.
MAZHAR ABBAS ALIAS BADDI
VS
THE STATE
Law:
Section:
(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Fatal dagger blow in the chest of deceased was attributed to the accused---Ocular account furnished by complainant and another witness was fully supported by the medical evidence---Accused, during the course of investigation, led to the recovery of a dagger---Reports of Chemical Examiner and Serologist vis-a-vis the said dagger were positive---Prosecution successfully brought home guilt against the accused to the hilt---Accused had been rightly convicted under S. 302(b), P.P.C.---Appeal was partly dismissed accordingly. (b) Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-i-amd--- Reappraisal of evidence--- Sentence, reduction in---Mitigating circumstances---Single dagger blow was attributed to the accused and there was no allegation of repetition of blows---Courts below did not believe the alleged motive behind the occurrence---Sentence of death awarded to the accused was altered to imprisonment for life in circumstances---Appeal was partly allowed accordingly. (c) Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-i-amd--- Reappraisal of evidence--- Sentence, reduction in---Mitigating circumstances---Motive not proved---Once the prosecution alleged a motive and failed to prove the same during the trial, the same could be taken as a mitigating circumstance while deciding the quantum of sentence of a convict. THIS JUDGMENT PASSED BY: MANZOOR AHMAD MALIK, JUSTICE:---.--- Mazhar Abbas alias Baddi (appellant) along with his co-convict namely Muhammad Saleem was indicted in case FIR No.64/2000 dated 06.04.2000 offence under section 302, P.P.C. read with section 34, P.P.C. registered at Police Station Qadirpur Ran, District Multan for Qatl-i-amd of Muhammad Waseem son of the complainant. Vide dated 22.12.2001, he was convicted under section 302(b), P.P.C. and sentenced to death. He was also ordered to pay compensation amount of Rs.50,000/ - (rupees fifty thousand only) to the legal heirs of Muhammad Waseem (deceased) and in default whereof he was directed to undergo simple imprisonment for six months. Co-accused of the appellant namely Saleem was also convicted under section…
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