| Citation(s) |
|---|
| 2019 SLG 3031 2019 SLD 3031 2019 SCMR 2009 |
Supreme Court of Pakistan
Criminal Appeal No. 159 of 2015, decision & hearing Dated: 14-02-2019. (Against the judgment Dated 26.09.2013 passed by the Peshawar High Court, Peshawar in Criminal Appeal No. 506 of 2012)
MAQBOOL BAQAR, JUSTICE SYED MANSOOR ALI SHAH, JUSTICE
Petitioner(s) by: Altaf Samad, Advocate Supreme Court
Respondent(s) by: Mujahid Ali Khan, Additional Advocate-General, Khyber Pakhtunkhwa
Criminal Appeal No. 159 of 2015, decision & hearing Dated: 14-02-2019. (Against the judgment Dated 26.09.2013 passed by the Peshawar High Court, Peshawar in Criminal Appeal No. 506 of 2012)
MAQBOOL BAQAR, JUSTICE SYED MANSOOR ALI SHAH, JUSTICE
Petitioner(s) by: Altaf Samad, Advocate Supreme Court
Respondent(s) by: Mujahid Ali Khan, Additional Advocate-General, Khyber Pakhtunkhwa
NAWAB ALI
VS
THE STATE
Law: Constitution of Pakistan, 1973
Section: 185(3)
Law: Criminal Procedure Code (V of 1898)
Section: 342,382B,544A
Law: Pakistan Penal Code, 1860
Section: 311,302(b)
(a) Constitution of Pakistan--- ----Art. 185(3)---Penal Code (XLV of 1860), S. 302(b)---Leave to appeal was granted by Supreme Court to consider question regarding sentence of death to accused. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Criminal Procedure Code (V of 1898), S. 544-A---Qatl-i-amd---Reappraisal of evidence---Compensation---Benefit of doubt---Motive not proved---Effect---Accused was convicted by Trial Court and sentenced to death on four counts for committing murder of four persons---High Court maintained conviction and sentence awarded to accused by Trial Court---Prosecution asserted motive but failed to prove the same and such failure had reacted against sentence of death passed on charge of murder---"Something else" was going on in family which had led to occurrence in question but that "something" had been completely suppressed by prosecution although, some indication in that regard was made by accused in his statement recorded under S. 342, Cr.P.C.---Supreme Court exercised caution in the matter of sentence of death awarded to accused and reduced the same to imprisonment for life on each count of charge---Amount of compensation ordered by Trial Court to be paid to heirs of each deceased was excessive and same was reduced to Rs. 100,000/- to heirs of each deceased under S. 544-A, Cr.P.C.---Appeal was dismissed accordingly. Ahmad Nawaz v. The State 2011 SCMR 593; Iftikhar Mehmood and another v. Qaiser Iftikhar and others 2011 SCMR 1165; Muhammad Mumtaz v. The State and another 2012 SCMR 267; Muhammad Imran alias Asif v. The State 2013 SCMR 782; Sabir Hussain alias Sabri v. The State 2013 SCMR 1554; Zeeshan Afzal alias Shani and another v. The State and another 2013 SCMR 1602; Naveed alias Needu and others v. The State and others 2014 SCMR 1464; Muhammad Nadeem Waqas and another v. The State 2014 SCMR 1658; Muhammad Asif v. Muhammad Akhtar and others 2016 SCMR 2035 and Qaddan and others v The State 2017 SCMR 148 rel. THIS JUDGMENT DELIVERED BY: ASIF SAEED KHAN KHOSA, C.J.--- Nawab Ali appellant had allegedly fired at and killed a person namely Iftikhar, his wife namely Mst. Riffat, their son namely Amir Khan and their daughter namely Sumbal…
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