| Citation(s) |
|---|
| 2023 SLG 2468 2023 SLD 2468 2023 PLJ 38 |
Supreme Court of Pakistan
Crl. A. No. 122-L of 2012, decided on 18.10.2018. (On appeal from the judgment dated 9.6.2010 passed by the Lahore High Court, Lahore Multan Bench, Multan in Criminal A. No. 130 of 2005 and M.R. No. 213 of 2005)Date of hearing: 18.10.2018.
Present: GULZAR AHMED, QAZI FAEZ ISA AND MAZHAR ALAM KHAN MIANKHEL, JJ.
Mr. Zulfiqar Ahmed Bhutta, ASC and Mr. Ahmed Nawaz Chaudhry, AOR, (Absent) for Appellant. Mr. Ahmed Raza Gillani, Addl. PG Punjab for State.
Crl. A. No. 122-L of 2012, decided on 18.10.2018. (On appeal from the judgment dated 9.6.2010 passed by the Lahore High Court, Lahore Multan Bench, Multan in Criminal A. No. 130 of 2005 and M.R. No. 213 of 2005)Date of hearing: 18.10.2018.
Present: GULZAR AHMED, QAZI FAEZ ISA AND MAZHAR ALAM KHAN MIANKHEL, JJ.
Mr. Zulfiqar Ahmed Bhutta, ASC and Mr. Ahmed Nawaz Chaudhry, AOR, (Absent) for Appellant. Mr. Ahmed Raza Gillani, Addl. PG Punjab for State.
MUHAMMAD SHOBAN--Appellant
VERSUS
STATE--Respondent
Law: Penal Code (XLV of 1860)
Section: 302(b),337-F(iii)
Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b) & 337-F(iii)--Qatl-i-Amd--Conviction and sentence--Reappraisal of evidence--Death sentence reduced to life imprisonment—Appellant fired two shots on person of (deceased) which hit him on front of his chest and near left elbow joint--He fell down after receiving said bullet injuries--Co-accused then tried to fire upon complainant but he caught hold of him--Ocular account furnished by eye-witnesses would also confirm culpability of appellant for commission of offence for which he has been charged--Medical evidence is also in full support of ocular account besides corroborative piece of evidence in shape of recovery of four empties and pistol and a positive report of Forensic Science Laboratory (FSL)--He only aspect of case which goes in favour of appellant is motive part of case--Motive alleged by prosecution is of illicit relations of appellant with sister-in-law (Saali) of deceased and alleged words of reprimand by deceased to appellant and his co-accused in evening of a day before occurrence--Burden to prove motive part of occurrence was upon prosecution but record of case would reveal that same though alleged in FIR but has not been proved--Appeal partly allowed. [Pp. 39, 40 & 41] A, B & C JUDGMENT Mazhar Alam Khan Miankhel, J.--The appellant namely Muhammad Shoban son of Niaz Ahmed Caste Rajput resident of Chak No. 15-C/TDA, Tehsil Karor, District Layyah along with Shafaqat Ali alias Mithu and Muhammad Iqbal was booked in case FIR No. 310 dated 1.10.2004 registered under Sections 302, 324, 34, P.P.C. at Police Station, Fatehpur, Tehsil Karor, District Layyah on the report of Ghularn Abbas/complainant (PW-8) son of Khursheed. On the day of occurrence at 8.00 a.m. when the complainant along with his brother Muhammad Ilyas (deceased) was going to Addah Chak No. 217/TDA, the appellant Muhammad Shoban, armed with pistol, Shafaqat Ali alias Mithu, also armed with pistol, and Muhammad Iqbal empty handed intercepted them near a vacant plot of Mst. Mehr Jehan Sial. Shafaqat Ali alias Mithu raised an alarm of alert that they will teach lesson to them for admonishing them in the evening a day before…
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