| Citation(s) |
|---|
| 2023 SLG 2292 2023 SLD 2292 2023 YLR 2015 |
Federal Shariat Court
Jail Criminal Appeal No. 5-I and Criminal Appeal No. 6-K of2020, decided on 5th November, 201.Date of hearing: 3rd May,2021 (in Jail Criminal Appeal No.5-I of 2020).Date ofhearing: 4th November, 2021 (in Criminal Appeal No.6-K of2020).
Before Muhammad Noor Meskanzai, C.J., Dr. Syed Muhammad Anwer and Khadim Hussain M. Shaikh, JJ
Shamshad Ali Kassar for Appellant (in Jail Criminal Appeal No.5-I of 2020). Mir Nawaz Kalhoro for Appellant (in Criminal Appeal No.6-K of 2020).
Respondents in person. Hussain Bux Baloch, Addl. P.G. Sindh and Zahoor Shah, Addl. P.G. Sindh for the State.
Jail Criminal Appeal No. 5-I and Criminal Appeal No. 6-K of2020, decided on 5th November, 201.Date of hearing: 3rd May,2021 (in Jail Criminal Appeal No.5-I of 2020).Date ofhearing: 4th November, 2021 (in Criminal Appeal No.6-K of2020).
Before Muhammad Noor Meskanzai, C.J., Dr. Syed Muhammad Anwer and Khadim Hussain M. Shaikh, JJ
Shamshad Ali Kassar for Appellant (in Jail Criminal Appeal No.5-I of 2020). Mir Nawaz Kalhoro for Appellant (in Criminal Appeal No.6-K of 2020).
Respondents in person. Hussain Bux Baloch, Addl. P.G. Sindh and Zahoor Shah, Addl. P.G. Sindh for the State.
ALI ASGHAR and another---Appellants
VERSUS
The STATE and others---Respondents
Law: Penal Code (XLV of 1860)
Section: 302(b)
(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17(4)---Qatl-i-amd, haraabah---Appreciation of evidence---Benefit of doubt---Contradictions and improvements made by the witnesses---Accused were charged for robbing the complainant party and when brother of the complainant offered resistance in a scuffle, accused opened fire, killing him at the spot---Complainant had stated that he had mobile phone at the time of incident, while per alleged eye-witness, who happened to be his son, on the day of incident his father had no mobile phone---According to alleged eye-witness complainant had no mobile phone at the time of incident, but he went on to state that they informed their relatives on phone about the incident, therefore, mashirs reached at the scene of offence---While complainant had stated that said mashirs came at the place of vardhat on their hue and cries---Complainant and mashir had claimed that the place of incident was at the distance of two kilometers from their village; but per witness their village was at walking distance from the place of incident---Complainant had stated that the place of incident was situated adjacent to village "H" and village "B" was at a distance of about four acres from village "H" while a witness had stated that village "H" was situated at a distance of about 5/6 acres of land---According to one of the witnesses village "B" was at the distance of eight acres from the place of incident whereas per another witness village "B" was at the distance of 15/20 acres from the place of incident---Complainant had stated that they were going from southern side towards northern side to their village, while a witness had stated that they were going towards eastern side; whereas another witness stated that they were coming towards the alleged place of incident i.e. from eastern side to western side---As per complainant and a witness, the accused were standing on eastern side at the time of incident whereas according to another witness the accused were standing on western side at the time of incident---Per complainant and a witness, the accused persons had not robbed…
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