Law: Pakistan Penal Code, 1860

Section: 302(b),337-L(2)

Penal Code (XLV of 1860)--- ----Ss. 302(b) & 337-L(2)---Qatl-i-amd, other hurt---Reappraisal of evidence---Registration of FIR, examination of injured witness and autopsy of deceased were carried out with promptitude---Occurrence took place within the bounds of the locality where presence of the witnesses, particularly one having extensive injuries could not be viewed with suspicion---Statements of witnesses were in complete unison with details of the salient aspects of the occurrence as well as events collateral therewith---Injuries endured by the deceased and the injured witness were consistent with the weapon recovered from accused---Benefit for absence of a forensic report and a misdirected motive had already been extended to the accused by the High Court, which converted his sentence of death into imprisonment for life---Petition for leave to appeal was dismissed. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- Jan Muhammad alias Jani, 18, was done to death on 22.5.2007 at 7:30 p.m. within the remit of Police Station City Hassan Abdal District Attock; from amongst the witnesses Sajid Mehmood (PW-10) was also repeatedly shot when he beseeched the assailants to spare the deceased. Statedly accompanied by his son Imran Khan, since acquitted, Mazhar Ilahi, petitioner herein, is blamed for successive shots, both upon the deceased as well as the witness. Motive for the crime is a suspected liaison allegedly carried by deceased's brother with petitioner's daughter. Incident was reported same day at 9:15 p.m. in the Civil Hospital where the injured was examined and autopsy conducted at 8:30 and 9:30 p.m. respectively. Recoveries include seizure of blood and casings from the spot and a .30 caliber pistol (P-7), pursuant to a disclosure. Assailants claimed trial; while extending benefit of the doubt to Imran Khan co-accused, the petitioner was convicted for homicide as well as murderous assault; vide judgment dated 28.5.2009, on both the charges, he was sentenced to death and imprisonment for 10 years, with direction to pay compensation as well as fine; a learned Division Bench of Lahore High Court at Rawalpindi maintained the convictions…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492