| Citation(s) |
|---|
| 2021 SLG 1918 2021 SLD 1918 2021 PLJ 925 |
Lahore High Court
Crl. A. No. 176 of 2015, heard on 17.4.2017, Date of hearing: 17.4.2017.
SADAQAT ALI KHAN, JUSTICE, SHEHRAM SARWAR CH., JUSTICE.
Mr. Shamshad Ahmed Bajwa, Advocate on State expenses for Appellant. Mr. Tariq Javed, DDPP for State.
Crl. A. No. 176 of 2015, heard on 17.4.2017, Date of hearing: 17.4.2017.
SADAQAT ALI KHAN, JUSTICE, SHEHRAM SARWAR CH., JUSTICE.
Mr. Shamshad Ahmed Bajwa, Advocate on State expenses for Appellant. Mr. Tariq Javed, DDPP for State.
ABDULLAH ALIAS MUHAMMAD ALIAS MASAB
VS
STATE ETC
Law: Pakistan Penal Code, 1860
Section: 302,324,186,449,148,149,353,120-B
Law: Anti Terrorism Act, 1997
Section: 7(a),7(c),7(h)
Law: Arms Ordinance, 1965
Section: 13
Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302, 324, 186, 449, 148, 149, 353 120-B-- Anti-Terrorism Act, (XXVII of 1997), Ss. 7(a), 7(c) 7(h)--Arms Ordinance, (XX of 1965), u/S. 13 Ordinance, 1965--Conviction and sentence--Challenge to--Trustworthy evidence--Positive report of FSL--Medical evidence supported ocular account--Head Constable P.W.12 has supported. his evidence--These two P.Ws. have absolutely no grudge or ill-will to falsely implicate appellant in present case--They were cross-examined, at length, but their evidence could, not--Be shaken during process of cross-examination--They corroborated each other on all material aspects of cade--They have also established their presence at time of occurrence at place of occurrence with their stated reasons--Their evidence, is straightforward, trustworthy and confidence inspiring--Report, of FSL shows that rifle recovered from appellant marked as R-I had matched with crime empties recovered from place of occurrence, detail of which is mentioned in report--Medical evidence has filly supported ocular account furnished by above mentioned witnesses--Criminal appeal dismissed. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 340(2) was failed to prove defence plea prosecution proved its case beyond shadow of doubt has failed to prove his defence plea and trial Court has rightly discarded his defence plea with sufficient reasons--Prosecution has proved its case beyond shadow of doubt against appellant through ocular account furnished by above mentioned witnesses supported by medical evidence discussed earlier. JUDGMENT Sadaqat Ali Khan, JUSTICE.- The instant. Criminal Appeal No. 176 of 2015 has been filed by Abdullah alias Muhammad alias Masab (tried being juvenile) against judgment dated 17.01.2015 passed by learned Judge Anti-Terrorism Court-I, Lahore according to which Abdullah alias Muhammad alias Masab was convicted and sentenced as under: Abdullah alias Muhammad alias Masab appellant. 1. U/S. 302, PPC for murder of Munir Umair sentenced him to imprisonment for life with compensation of Rs. 5,00,000/- U/S. 544-A of Cr.P.C. and in default whereof, to undergo SI for 6 months. 2. U/S. 7(i) (a) of…
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