Law: Pakistan Penal Code, 1860

Section: 148,149,302,337A(iii),337-F(1),337A(1)

Pakistan Penal Code, 1860 (XLV of 1860)-----Ss. 302, 148, 149, 337-A(iii), 337-F(1) & 337-A(1)--Criminal Procedure Code, (V of 1898), Ss. 200 & 367--Private complaint--Sentence--Challenge to--Judgment was ret-written--Lacuna--Case was remanded--Validity--Charge against appellants though was also framed u/S. 324,337-A (i),337-F (i) & 337-F (iii), PPC however impugned is silent qua acquittal or conviction of (accused) in these sections--Impugned is against mandate of Section 367, Cr.P.C. as well as in absolute disregard of observations contained in whereby case was remanded for re-writing of --Conviction awarded to appellants is set-aside and case is again remanded to trial Court for re-writing of . [P. 993] A JUDGMENT CH. ABDUL AZIZ, JUSTICE:---.--- Vide judgment dated 20.03.2017 learned Additional Sessions Judge-I, Pakpattan Sharif in a trial held in private complaint titled as "Zafar Iqbal v. Abdul Ghafoor & 6 others" arising out of case FIR No. 187/2012 registered under Sections 302, 148, 149, 337-F(iii), 337-F(i), 337-A(i), PPC at Police Station Chakbedi proceeded to convict and sentence appellants, namely, Abdul Ghafoor, Noor Ahmad, Ghulam Mustafa, Ghulam Murtaza and Habib in the following terms:- (1) Abdul Ghafoor (appellant) (i) Under Section 302(b) PPC to suffer death sentence for committing the murder of Muhammad Yasin (deceased) with direction to pay Rs. 2,00,000/- as compensation to the legal heirs of deceased as provided under Section 544-A of Cr.P.C. and in default whereof to undergo simple imprisonment for six months. (ii) Under Sections 148/149 PPC to suffer rigorous imprisonment for two years. (2) Noor Ahmad (appellant) (i) Under Section 302(h), PPC to suffer imprisonment for life for committing the murder of Muhammad Yasin (deceased) with direction to pay Rs. 1,00,000/- as compensation to the legal heirs of deceased as provided under Section 544-A of Cr.P.C. and in default whereof to undergo simple imprisonment for six months. (ii) Under Sections 148/149, PPC to suffer rigorous imprisonment for two years. (3) Ghulam Murtaza (appellant) (i) Under Section 336 PPC to suffer rigorous imprisonment for five years. He was also ordered…

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