| Citation(s) |
|---|
| 2021 SLG 70 2021 SLD 70 2021 SCMR 104 |
Supreme Court of Pakistan
Criminal Appeals Nos. 296-L, 297-L of 2020 and Criminal Petition No. 373-L/2016, decision Dated: 21st October, 2020, hearing Date : 21st October, 2020. (Against the judgment Dated 23.02.2016 passed by the Lahore High Court Lahore in Crl. Appeals Nos. 2055
MANZOOR AHMAD MALIK, JUSTICE SARDAR TARIQ MASOOD, JUSTICE QAZI MUHAMMAD AMIN AHMED, JUSTICE
Azam Nazir Tarar, Advocate Supreme Court and Mudassir Chathha, Advocate Supreme Court for Appellants (in Cr. As.296-L and 297-L of 2020). M. Qamar-uz-Zaman, Advocate Supreme Court for Petitioner (in Cr. P. 373-L of 2016).
Criminal Appeals Nos. 296-L, 297-L of 2020 and Criminal Petition No. 373-L/2016, decision Dated: 21st October, 2020, hearing Date : 21st October, 2020. (Against the judgment Dated 23.02.2016 passed by the Lahore High Court Lahore in Crl. Appeals Nos. 2055
MANZOOR AHMAD MALIK, JUSTICE SARDAR TARIQ MASOOD, JUSTICE QAZI MUHAMMAD AMIN AHMED, JUSTICE
Azam Nazir Tarar, Advocate Supreme Court and Mudassir Chathha, Advocate Supreme Court for Appellants (in Cr. As.296-L and 297-L of 2020). M. Qamar-uz-Zaman, Advocate Supreme Court for Petitioner (in Cr. P. 373-L of 2016).
AKBAR ALI AND OTHERS
VS
THE STATE AND OTHERS
Law: Penal Code (XLV of 1860)
Section: 302(b),324
(a) Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-i-amd--- Reappraisal of evidence---Sentence, reduction in---Death sentence altered to imprisonment for life---Witnesses were unanimous on the point that solitary fire shot made by the accused caused the deceased his life---However a negative forensic report seriously diminished consequentiality of the weapon recovered---Furthermore the prosecution failed to establish motive---In such circumstances the High Court had rightly maintained conviction of accused but reduced his sentence of death to imprisonment for life---Appeal was dismissed. (b) Penal Code (XLV of 1860)--- ----S. 324---Attempt to commit qatl-i-amd---Reappraisal of evidence---Accused persons were convicted and sentenced by the Trial Court under S. 324, P.P.C. for the murderous assault upon the injured witnesses and also ordered to pay compensation to them---On appeal the High Court let off the accused persons from the charge of murderous assault, viewing the lethality of injuries as being insufficient to attract the mischief of S. 324, P.P.C., particularly in view of recovery of blunt weapons, however, direction for monetary compensation to the injured witnesses was kept intact---Held, that accused persons were arrested about fifteen years back and appeared to have remained incarcerated for a considerable period of time---Much water had flown under the bridge since the incident and it would be thus inexpedient to reexamine and revisit the question of their culpability within the framework of their indictment, as prayed for by the prosecution---Period of incarceration and tribulation of lengthy trial and procedures of appeal had adequately remedied the wrong in circumstances, calling for no further action---Petition for leave to appeal challenging the acquittal of accused on charge of murderous assault was dismissed and leave was refused. JUDGMENT QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- The appellants, being members of an unlawful assembly, were tried by a learned Additional Sessions Judge at Lahore; they were indicted for homicide as well as murderous assault committed on 12.10.2005 at 2:00 p.m. within the precincts of Police Station Hadyara…
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