| Citation(s) |
|---|
| 2021 SLG 1905 2021 SLD 1905 2021 PLJ 874 |
Lahore High Court
Crl. A. Nos. 167 of 2016, 403, 509 of 2015, Crl. Rev. No. 475 & M.R. No. 76 of 2015, heard on 15.4.2019, Date of hearing:15.4.2019.
SADAQAT ALI KHAN, JUSTICE, SHEHRAM SARWAR CH., JUSTICE.
Malik Muhammad Saleem, Advocate with Appellant present on bail. Mr. Syed Zia Haider and Ijaz Ahmad, Advocates for
Respondents/Complainant. Mr. Muhammad Ali Shahab, DPG for State.
Crl. A. Nos. 167 of 2016, 403, 509 of 2015, Crl. Rev. No. 475 & M.R. No. 76 of 2015, heard on 15.4.2019, Date of hearing:15.4.2019.
SADAQAT ALI KHAN, JUSTICE, SHEHRAM SARWAR CH., JUSTICE.
Malik Muhammad Saleem, Advocate with Appellant present on bail. Mr. Syed Zia Haider and Ijaz Ahmad, Advocates for
Respondents/Complainant. Mr. Muhammad Ali Shahab, DPG for State.
MUHAMMAD SHAFIQ AND OTHERS
VS
STATE AND OTHERS
Law: Pakistan Penal Code, 1860
Section: 302(b),324
Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b) 324--Conviction and sentence, challenge to--Qatl-e-amd--Motive of occurrence--Abusing and misbehaving her--Unexplained delay of about two days from date of occurrence therein complainant has not been mentioned as eye-witness--No plausible explanation has been given for recording statement of with delay of two days which shatters her credibility--All witnesses were not present at time of occurrence at place of occurrence-- Serious doubt regarding participation of appellants and co-accused--Held: It is settled principle of law that for giving benefit of doubt, it is not necessary that there should be many circumstances creating doubt--If there is a circumstance which creates reasonable doubt in prudent mind about guilt of accused, then he would be entitled to its benefit not as a matter of grace or concession, but as of right--Appeas were accepted. 2017 SCMR 486, 2017 SCMR 596 2009 SCMR 230 ref. JUDGMENT Sadaqat Ali Khan, JUSTICE.- This single judgment shall dispose of Criminal Appeal No. 167 of 2016 filed by Muhammad Shafiq (appellant), Criminal Appeal No. 403 of 2015 filed by Muhammad Asghar (appellant) against their convictions, Criminal Appeal No. 509 of 2015 filed by Mst. Rehana Bibi complainant against acquittal of Mehmood Khan, Muhammad Iqbal and. Shahid Iqbal accused/ Respondents No. 2 to 4, Criminal Revision No. 475 of 2015 filed by Mst. Rehana Bibi complainant for enhancement of sentence of Muhammad Asghar convict/Respondent No. 2 and Murder Reference No. 76 of 2015 sent by the learned trial Court for confirmation of the death sentence of Muhammad Shafiq (appellant) or otherwise as the above mentioned matters have arisen out of the same judgment dated 29.06.2015 passed by learned Additional Sessions Judge, Kehrorpacca, District Lodhran whereby appellants were convicted and sentenced as under: Muhammad Shafiq appellant He was convicted u/S. 302(b), PPC and sentenced to death for committing murder of Rehmat Shaheen deceased along with compensation of Rs. 1,00,000/- u/S. 544-A, Cr.P.C. to the legal heirs of the deceased and in default whereof to further undergo 6-months R.I. Muhammad Asghar appellant…
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