Case Details

Citation(s)
2011 SLG 2118 2011 SLD 2118 2011 SCMR 917
Supreme Court of Pakistan
Jail Petition No. 348 of 2008, decision dated: 20-05-2009
SAYED ZAHID HUSSAIN AND MUHAMMAD SAIR ALI, JJ

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MUHAMMAD SHAKEEL

VS

. THE STATE

Law:

Section:

Penal Code (XLV of 1860)-------S. 302(b)---Constitution of Pakistan, Art. 185(3)---Qatl-e-amd---Ocular testimony was consistent and having been corroborated by other evidence, could not be discredited by the relationship of the eye-witnesses with the deceased---Crime weapon whether "Chhura" or "Chhuri" had been used in the commission of the offence and was .reported to be stained with human blood---Defence version brought forth by the accused in his statement recorded under S. 342, Cr.P.C. was not substantiated by him---Medical evidence had supported the ocular account of occurrence---Accused had been rightly convicted and sentenced for having committed the murder of the deceased---Leave to appeal was refused to accused accordingly. Muhammad Zaman Bhatti, Advocate Supreme Court for Petitioner. Mian Asif Mumtaz, D.P.G., Punjab for the State. ORDER SAYED ZAHID HUSSAIN, J.---This is Jail Petition by Muhammad Shakeel convict against the judgment dated 4-11-2008 of the learned Division Bench of the Lahore High Court, Rawalpindi Bench, whereby dismissing the appeal of the ,petitioner, his conviction and sentence of death as recorded by the learned Additional Sessions Judge, Rawalpindi vide his judgment dated 30-1-2002 'was continued. 2. The circumstances in which the petitioner faced trial of the allegation of committing murder of Mst. Raheela Bibi as paraphrased by the learned Division Bench of the High Court are that: "On the day of occurrence i.e. 8-7-2002 at about 7-15 a.m. he along with his daughter Mst. Raheela Bibi deceased was standing on Bus Stop Choora bazaar, Thoon for going to the office of the Project Manager, Kotli Sattian in connection with hearing to obtain divorce by Mst. Raheela Bibi deceased, who was married to Muhammad Shakeel accused. She remained in the house of the accused for about 4-1/2 years and then came to the house of the complainant due to the differences between the spouses. It is alleged that the accused Shakeel Ahmad came to his house and injured Mst. Raheela Bibi deceased in the year 1998 upon which case was got registered against the accused for committing murderous attack and the accused was sent to Jail after his arrest and later…
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