| Citation(s) |
|---|
| 2021 SLG 595 2021 SLD 595 2021 SCMR 354 |
Supreme Court of Pakistan
Criminal Petition No. 1-P of 2012, decided on 26th November, 2020, Date of hearing: 26th November, 2020. (On appeal against the judgment Dated 16.11.2011 passed by Peshawar High Court, Peshawar, in Criminal Appeal No. 775 of 2010 and M.R. No. 30 of 2010)
MUSHIR ALAM, JUSTICE, SARDAR TARIQ MASOOD, JUSTICE, YAHYA AFRIDI, JUSTICE
Ghulam Mohy-ud-Din Malik, Advocate Supreme Court for Petitioner. Arshad Hussain Yousafzai, Advocate Supreme Court, Bilal Ahmed, Dy. Superintendent, Jail, Bannu and Abdur Raziq, Assistant Superintendent, Central Prison, Mardan for the State.
Criminal Petition No. 1-P of 2012, decided on 26th November, 2020, Date of hearing: 26th November, 2020. (On appeal against the judgment Dated 16.11.2011 passed by Peshawar High Court, Peshawar, in Criminal Appeal No. 775 of 2010 and M.R. No. 30 of 2010)
MUSHIR ALAM, JUSTICE, SARDAR TARIQ MASOOD, JUSTICE, YAHYA AFRIDI, JUSTICE
Ghulam Mohy-ud-Din Malik, Advocate Supreme Court for Petitioner. Arshad Hussain Yousafzai, Advocate Supreme Court, Bilal Ahmed, Dy. Superintendent, Jail, Bannu and Abdur Raziq, Assistant Superintendent, Central Prison, Mardan for the State.
GHAFFAR ALI
VS
THE STATE AND ANOTHER
Law: Penal Code (XLV of 1860)
Section: 302(B),324
Law: Criminal Procedure Code (V of 1898)
Section: 382-B
(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) 324---Qatl-i-amd, attempt to commit qatl-i-amd---Reappraisal of evidence---Occurrence took place in broad day light during a marriage ceremony---According to the prosecution, occurrence took place at 4 p.m., whereas the injured and deceased were shifted to the hospital where injured was medically examined at 5.10 p.m.---Report was lodged to the police in the hospital at 5.10 p.m. and formal FIR was chalked out at 5.40 p.m.---So within one hour and ten minutes of the occurrence the injured and the deceased were shifted to the hospital and police arrived there and matter was reported by the complainant to the police---Hardly any time was left in between for consultation and deliberation---Prosecution relied upon two eye-witnesses, one of whom was the groom and the other his uncle, therefore their presence at the spot was established-- Both said witnesses were related to the deceased persons and also the accused; both had no reason to falsely implicate the accused, and both remained consistent on each and every material point in their testimony---Postmortem of all three deceased was conducted on the same day---Medical evidence fully supported the ocular account qua the weapon used, seat of injury, duration etc.---According to the report of Forensic Science Laboratory all the fifteen crime empties were fired from one and the same weapon in view of the similarity of major points, striker pin marks, breach face marks, ejector marks, magazine marks etc.---Conduct of the petitioner was also an important circumstance as he escaped from jail during a terrorist attack on the jail, and remained an outlaw for seven years---Such noticeable and unexplained abscondence gave strong corroboration to the ocular account---Prosecution had proved the case against the accused beyond any doubt---Convictions of accused under Ss. 302(b) 324, P.P.C. were maintained. (b) Penal Code (XLV of 1860)--- ----Ss.302(b) 324---Criminal Procedure Code (V of 1898), S.382-B---Qatl-i-amd, attempt to commit qatl-i-amd---Reappraisal of evidence---Sentence, reduction in---Death sentence reduced to imprisonment for life---Mitigating circumstances---Spur of…
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