Law:

Section:

Pakistan Penal Code, 1860 (XLV of 1860)---- --------Ss. 302(b), 460, 396 & 34----Sentence----Qatl-e-amd----Sentences of death on commits of charge----Occurrence was taken place after dark----No source of light at spot----Not nominated in FIR----Identification parades----Validity----Alleged recovery of weapons from appellants' custody during investigation suffice it to observe that recovered firearms had not matched with crime-empties secured from place of occurrence and alleged recoveries had been discarded by High Court----Medical evidence produced by prosecution could not point towards any particular culprit----Only remaining piece of evidence produced by prosecution was in respect of an alleged abscondance but Court had not found alleged abscondance of appellant to be totally inconsistent with hypothesis of his innocence----Prosecution had failed to prove its case against appellants beyond reasonable doubt----Appeals were allowed. PLJ 2009 SC 333, 2011 SCMR 527, 2011 SCMR 537 & 2011 SCMR 683, ref. THIS JUDGMENT DELIVERED BY: ASIF SAEED KHAN KHOSA, JUSTICE:---.--- A dacoity had allegedly been committed in the house of Muhammad Ramzan complainant at about 08.00 P.M. on 20.08.2001 in the area of Police Station Saddar Hassan Abdal, District Attock and during the said dacoity two persons namely Muhammad Ijaz and Muhammad Anwar had been done to death. The culprits committing the alleged offences had remained unknown and FIR No. 245 had been lodged in respect of that incident by Muhammad Ramzan complainant at the above mentioned Police station at 09.55 P.M. during the same night. The present appellants namely Azhar Mehmood, Muhammad Altaf, Azam Sher and Asad Ali had subsequently been implicated in this case and after a regular trial the trial Court convicted the appellants for offences under Sections 460, 396 and 302(b), PPC read with Section 34, PPC and sentenced them to various terms of imprisonment besides sentences of death on two counts of the charge under Sections 396 and 302(b), PPC. Later on the High Court had upheld the sentence of death passed against Azhar Mehmood appellant whereas on the charge of murder the sentences of death passed against the…

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