| Citation(s) |
|---|
| 2017 SLG 2892 2017 SLD 2892 2017 SCMR 1877 |
Supreme Court of Pakistan
Criminal Appeals Nos. 85-L and 86-L of 2009, decision date: 03-05-2017 Against the dated 4.11.2008 passed by Lahore High Court, Bahawalpur Bench in Criminal Appeals Nos. 354 and 331-J of 2003
MANZOOR AHMAD MALIK, JUSTICE, SARDAR TARIQ MASOOD, JUSTICE, MAZHAR ALAM KHAN MIANKHEL, JUSTICE
Syed Zahid Hussain Bukhari, Advocate Supreme Court for Appellant (in Criminal Appeal No. 85-L of 2009). Nemo for Appellants (in Criminal Appeal No. 86-L of 2009). Mazhar Sher Awan, Additional P.-G. Punjab for the State.
Criminal Appeals Nos. 85-L and 86-L of 2009, decision date: 03-05-2017 Against the dated 4.11.2008 passed by Lahore High Court, Bahawalpur Bench in Criminal Appeals Nos. 354 and 331-J of 2003
MANZOOR AHMAD MALIK, JUSTICE, SARDAR TARIQ MASOOD, JUSTICE, MAZHAR ALAM KHAN MIANKHEL, JUSTICE
Syed Zahid Hussain Bukhari, Advocate Supreme Court for Appellant (in Criminal Appeal No. 85-L of 2009). Nemo for Appellants (in Criminal Appeal No. 86-L of 2009). Mazhar Sher Awan, Additional P.-G. Punjab for the State.
AZHAR NAWAZ & ANOTHER
VS
THE STATE
Law:
Section:
(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 34 & 406---Qatl-i-amd, attempt to commit qatl-i-amd, common intention, lurking house-trespass or house-breaking by night punishable for qatl or hurt caused by one of them---Reappraisal of evidence---Occurrence took place in the odd hours of night, and was reported to the police just one hour after its happening despite the fact that distance between the police station and the place of occurrence was seven kilometers---Ocular account was furnished by three witnesses which included the two injured witnesses---Medical evidence was in line with the ocular account---Prosecution case against both the accused persons was further corroborated by the recovery of blood stained knives at the instance of both of them coupled with positive reports of Chemical Examiner and Serologist---Prosecution had been successful in proving its case against both the accused persons beyond any shadow of doubt---Appeal was dismissed accordingly. (b) Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-i-amd--- Reappraisal of evidence--- Sentence, reduction in--- Consistency in sentences awarded to accused and co-accused--- Role attributed to accused was at par with that of the co-accused, however the accused was sentenced to death, whereas the co-accused was sentenced to imprisonment for life --- Sentence of death awarded to accused under S. 302(b), P.P.C. in such circumstances appeared to be harsh---To maintain consistency (in sentences), the Supreme Court altered the sentence of death awarded to accused to imprisonment for life---Appeal was partly allowed accordingly. THIS JUDGMENT PASSED BY: MANZOOR AHMAD MALIK, JUSTICE:---.--- These appeals, with leave of the court, impugn dated. 04.11.2008 passed by a learned Division Bench of the Lahore High Court, Bahawalpur Bench whereby Criminal Appeal No. 354 of 2003, filed by Azhar Nawaz and Criminal Appeal No. 331-J of 2003, filed by Muhammad Sajjad were dismissed. 2. Precisely, facts of the case are that appellants were tried in case FIR No. 175 of 2002 registered under sections 302/324/460/337-D/ 337-F(ii), 337-F(iv), P.P.C. on 09.11.2002 at Police Station Marot District Bahawalnagar for…
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