Case Details

Citation(s)
2019 SLG 2371 2019 SLD 2371 2019 PLJ 425
Supreme Court of Pakistan
Crl. A. No. 466 of 2017, heard on 28.02.2018. (On appeal against the judgment Dated 19.03.2014 passed by the Lahore High Court, Lahore in Murder Reference No. 305/2010 & Criminal Appeal No. 253-J/2010)
EJAZ AFZAL KHAN, JUSTICE MAQBOOL BAQAR, JUSTICE FAISAL ARAB, JUSTICE
Petitioner(s) by: Ms. Aisha Tasneem, ASC
Respondent(s) by: Ch. Muhammad Waheed, Addl. P.G.

MUHAMMAD SALEEM

VS

STATE

Law: Pakistan Penal Code, 1860

Section: 302,324

Law: Criminal Procedure Code (V of 1898)

Section: 342,544A

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302--Qatl-e-Amd--Appreciation of evidence--Benefit of doubt--Acquittal of--Appellant was sentenced to death by the trial court and sentence was converted into life imprisonment by the High Court on the charge of murder of the deceased and causing firearm injury to the mother of the deceased--Appellant inflicted dagger blows and a dagger blow inflicted on her stomach--Appellant was a friend of the deceased and having his residence in the same neighborhood and known to the entire family of the deceased--Not a single question was put to any of the prosecution witnesses that on the fateful night, he spent the night elsewhere--PW's were residents of the same locality whereas injured PW/ mother of the deceased was residing in the house with the deceased where the murder took place--The knife and half of the missing money was recovered by the police at his instance--Both the Medical officers in their respective reports have given the approximate time of injuries--Fourteen incised wounds on the body of the deceased inflicted by sharp edge weapon--Delay of about six hours in conducting the post mortem was not of such a consequence so as to brush aside the entire ocular evidence--Prosecution proved his case beyond any shadow of doubt--Appeal dismissed. THIS JUDGMENT DELIVERED BY: FAISAL ARAB, J.- The appellant was tried under Sections 302, 324, 380 & 411 PPC and sentenced to death for committing murder of Muhammad Yaseen vide judgment dated 18.05.2010. He was also directed to pay compensation of Rs.100,000/- to the heirs of the deceased in terms of Section 544-A Cr.P.C. and in default to undergo six months simple imprisonment. He was further convicted under Section 324 PPC for causing injury to the mother of the deceased Mst. Zaitoon Bibi and sentenced to five years rigorous imprisonment and fined to the tune of Rs.15,000/- and in default thereof to suffer a further one month's simple imprisonment. The learned High Court, however, converted the death sentence into life imprisonment, maintaining the fines and other punishment. 2. The incident is of 20.11.2007. In the FIR, it was reported that on hearing cries of his…
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