Case Details

Citation(s)
2021 SLG 2628 2021 SLD 2628 2021 SCMR 1461
Supreme Court of Pakistan
Criminal Petition No. 27-P of 2014, decided on 6th July, 2021, Date of hearing: 6th July, 2021. (Against the judgment dated 05.03.2014 passed by the Peshawar High Court Peshawar in Cr. A. No.100 of 2011)
MAZHAR ALAM KHAN MIANKHEL, JUSTICE, QAZI MUHAMMAD AMIN AHMED, JUSTICE
Haji Muhammad Zahir Shah, Advocate Supreme Court for Petitioners. Muhammad Nisar, Additional Advocate General, Khyber Pakhtunkhwa for the State. Nemo for
Respondents.

GUL ZARIN AND OTHErs

VS

FAZAL KHALIQ AND ANOTHER

Law: Penal Code (XLV of 1860)

Section: 302(b),324

Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)--- ----Ss. 302(b) 324---Constitution of Pakistan, Art. 185(3)---Qatl-i-amd, attempt to commit qatl-i-amd---Petition for leave to appeal challenging acquittal---Contentions on behalf of prosecution that in the face of overwhelming evidence comprising of witnesses that included an injured to support a dying declaration, there was no occasion for the High Court to acquit the accused, blamed alongside the absconding co-accused for the crime in the backdrop of a motive over immovable property, resulting into the loss of two lives; that accused remained an absconder for over a quarter of a century with his accomplices still away from law, to finally earn an acquittal; that non-performance of autopsy on the dead, being a practice in line with local custom did not adversely reflect upon the prosecution case inasmuch as the homicidal deaths of both the deceased remained a common ground throughout----Supreme Court granted leave to consider the said contentions of the prosecution. ORDER QAZI MUHAMMAD AMIN AHMED, J. was tried for murderous assault as well as on two counts of homicide by a learned Additional Sessions Judge at Wari, District Dir Upper; convicted on all counts, he was sentenced to imprisonment for life and ten years rigorous imprisonment respectively vide judgment dated 10.10.2011, overturned by a Division Bench of Peshawar High Court, Mingora Bench vide impugned judgment dated 03.05.2014, vires whereof, are being assailed on the grounds that in the face of overwhelming evidence comprising of witnesses that included an injured to support a dying declaration, there was no occasion for the High…
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