Case Details

Citation(s)
2019 SLG 914 2019 SLD 914 2019 MLD 625
Lahore High Court
Criminal Appeal No. 284 of 2009, heard on 08-11-2017.
TARIQ SALEEM SHEIKH, JUSTICE
Petitioner(s) by: Khurshid Ahmad Solangi
Respondent(s) by: Iftikhar ul Haq, A.P.G.

MUMTAZ HUSSAIN

VS

THE STATE AND ANOTHER

Law: Pakistan Penal Code, 1860

Section: 34,201,302,302(b)

Law: Qanun-e-Shahadat (10 of 1984)

Section: 38,39,40

Law: Criminal Procedure Code (V of 1898)

Section: 161,173,340(2),342,382-B,544-A

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 201 & 34---Qatl-i-amd, causing disappearance of evidence of the offence, common intention---Appreciation of evidence---Benefit of doubt---Extra-judicial confession---Scope---Accused was charged for committing murder of the brother of the complainant---Unseen occurrence---Complainant had deposed that on 14.8.2006 two persons came to his house and took his brother with them---On 15.8.2006 at about Fajarwaila, dead body of brother of complainant was found in the fields---Nothing in the statement of complainant or even in his complaint to suggest that the present accused was also accompanying the said persons when they took his brother---Both the accused had made extra-judicial confession before them that they had murdered the deceased---On 14.8.2006 when they went to the house of present accused and found it chained from inside, they opened it by some means and found deceased committing zina with wife of accused---Said lady managed to flee but they apprehended deceased on the spot---Acquitted accused locked his arms while the present accused cut his throat with ustra that he had with him at that time---Subsequently, they also cut his lips, ear and nose and then threw the dead body in the field at 3.00/4.00 a.m., the following day---Said witness had further stated that the accused persons asked him to help settle the matter with the complainant party---Said witnesses informed complainant on 9.9.2006 about the extra-judicial confession of the accused persons---Complainant took them to the police station where the Investigating Officer recorded their statements under S.161, Cr.P.C.---Other witness testified that on 8.9.2006 the accused persons made extra-judicial confession when he was with the witness but did not give the details which he had mentioned in his statement---Complainant had confirmed that witnesses came to him on 9.9.2006 to inform about the said confession and then he took them to the Investigating Officer---Record transpired that witnesses were small cultivator and employed with a landlord on a salary of Rs. 3000 per month respectively---No reason was available for the accused to make extra-judicial…
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