| Citation(s) |
|---|
| 2017 SLG 196 2017 SLD 196 2017 PLJ 13 |
Lahore High Court
Crl. A. No. 190 of 2010 and Crl. Rev. No. 38 of 2010, M.R. No. 86 of 2010, heard on 7.9.2016. heard on: 7.9.2016.
QAZI MUHAMMAD AMIN AHMAD, JUSTICE AND CH. MUSHTAQ AHMAD, JUSTICE .
Mr. Abdul Salam Alvi, Advocate for Appellant. Mr. Khawaja Qaiser Butt, Rana Shakeel Ahmed and Faisal Aziz Chaudhry, Advocates for Complainant. Malik Riaz Ahmed Saghla, D.P.G. for State.
Crl. A. No. 190 of 2010 and Crl. Rev. No. 38 of 2010, M.R. No. 86 of 2010, heard on 7.9.2016. heard on: 7.9.2016.
QAZI MUHAMMAD AMIN AHMAD, JUSTICE AND CH. MUSHTAQ AHMAD, JUSTICE .
Mr. Abdul Salam Alvi, Advocate for Appellant. Mr. Khawaja Qaiser Butt, Rana Shakeel Ahmed and Faisal Aziz Chaudhry, Advocates for Complainant. Malik Riaz Ahmed Saghla, D.P.G. for State.
MUHAMMAD SARWAR AND others
VS
STATE AND others
Law:
Section:
Pakistan Penal Code, 1860 (XLV of 1860)---- --------S. 302(b)----Conviction and sentence----Challenge to----Modification in sentence----Quantum of sentence----Bone of contention----Possession of agricultural land----Appellant firstly entered into agreement to sell with complainant's father after receiving as earnest money and later on, he resiled qua execution of any agreement to sell----A civil suit was filed by complainant's father in Civil Court for its execution in which deceased was one of marginal witnesses----Appellant often used to pressurize deceased not to appear in suit as witness and on his refusal to do so appellant committed his murder----During cross-examination defence put motive to witnesses but remained consistent on their point of view----According to eye-witnesses appellant was armed with .12 bore gun at time of occurrence----During investigation he got recovered .12 bore gun which was not sent to F.S.L. as crime empties collected from place of occurrence were allegedly destroyed by I.O. who was also arrayed as one of accused in complaint but trial Court did not summon him----Anyhow in presence of direct and confidence inspiring ocular account besides positive reports of chemical examiner and serologist non matching of recovered weapon does not adversely affect prosecution version----Before occurrence only civil litigation was pending between parties----Moreover, single fire shot was attributed to appellant----Extreme penalty of death is not justified in given facts and circumstances of case to appellant----While maintaining the conviction of appellant u/S. 302(b) as tazir and convert the sentence of death into imprisonment for life----Appeal was dismissed. THIS JUDGMENT DELIVERED BY: CH. MUSHTAQ AHMAD, JUSTICE:---.--- Appellant Muhammad Sarwar has challenged his conviction and sentence through the above cited criminal appeal. He was tried alongwith eight others by learned Additional Sessions Judge. Sahiwal in private complaint (Exh.PB) filed by Mst. Naziran Bibi, complainant (PW-1) under Sections 302, 324, 148, 149, 201, PPC arising out of State case FIR No. 70 dated 11.3.2007 registered under Sections 302, 324, 148, 149, PPC at Police…
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