Case Details

Citation(s)
2019 SLG 3375 2019 SLD 3375 2019 PLD 47
Balochistan High Court
Criminal Jail Appeal No. (s)1 of 2018, decision Dated: 13-05-2019, hearing Date : 26-04-2019
MUHAMMAD HASHIM KHAN KAKAR, JUSTICE ABDULLAH BALOCH, JUSTICE
Ellahi Bakhsh Lehri for Appellant. Jamil Akhtar, A.P.G. for the State.

NASEER KHAN

VS

THE STATE

Law: Pakistan Penal Code, 1860

Section: 302,311

Law: Criminal Procedure Code (V of 1898)

Section: 345

Penal Code (XLV of 1860)--- ----Ss. 311 & 302---Criminal Procedure Code (V of 1898), S. 345---Qatl-i-amd---Ta'zir after waiver or compounding of right of qisas in qatl-i-amd---Fasad-fil-Arz---Scope---Trial Court having allowed the legal heirs to compound the offence, convicted appellant under S. 311, P.P.C.---Validity---Appellant was habitual and professional criminal and remained fugitive from law and during his absconsion he had committed murder and accordingly another first information report (FIR) was registered against him---Appellant had also committed robbery and yet another FIR was registered---Appellant had further committed the dual murders of his father and brother, and had also attempted to murder his brother and caused him serious bullet injuries for which another FIR was lodged---Behaviour and conduct of appellant in the trial court remained very harsh---Insertion of expression "Fasad-fil-Arz" in S.311, P.P.C. was the requirement of socio-cultural setup and to maintain law and order and to save the civil society from deterioration---Where a person within a decade and for no sufficient reason resorted to took lives of four innocent persons, which included his father and brother, he should not go scot-free just because the legal heirs had waived and compounded the offence---Appellant was "potential danger" to the community, hence he was rightly declared so by the Trial Court---Appeal was dismissed. Muhammad Ramzan alias Ramzani v. The State 1996 SCMR 906 rel. THIS JUDGMENT DELIVERED BY: ABDULLAH BALOCH, JUSTICE:---.--- The instant Criminal Jail Appeal No.(S)01 of 2018 is directed against the order dated 30th May 2017 ("impugned Order") passed by learned Sessions Judge Kohlu ("trial Court"), whereby the application under Section 345, Cr.P.C. filed by the appellant for his acquittal on the basis of compromise was allowed to the extent of main offence under Section 302, P.P.C., but the appellant Naseer Khan son of Baloch Khan was convicted under Section 311, P.P.C. and sentenced to suffer fourteen (14) years as Ta'zir. 2. Facts of the case are that on 5th May 2008, the complainant Kamal Khan lodged FIR No.22 of 2008, at Police Station City Kohlu…
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