| Citation(s) |
|---|
| 2012 SLG 926 2012 SLD 926 2012 YLR 641 |
Lahore High Court
Criminal Appeal No. 406-J of 2005 and Murder Reference No.583 of 2005, heard on 03-11-2010.
MANZOOR AHMAD MALIK, JUSTICE MUHAMMAD ANWAARUL HAQ, JUSTICE
Petitioner(s) by: Barrister Munawar Iqbal Duggal
Respondent(s) by: Ejaz Ahmad Bajwa, Defence Counsel appointed
Criminal Appeal No. 406-J of 2005 and Murder Reference No.583 of 2005, heard on 03-11-2010.
MANZOOR AHMAD MALIK, JUSTICE MUHAMMAD ANWAARUL HAQ, JUSTICE
Petitioner(s) by: Barrister Munawar Iqbal Duggal
Respondent(s) by: Ejaz Ahmad Bajwa, Defence Counsel appointed
MUHAMMAD RAMZAN ALIAS ASIF ALIVS THE STATE
Law: Pakistan Penal Code, 1860
Section: 302,302(b),324
Law: Criminal Procedure Code (V of 1898)
Section: 265C,340(2),342,544A
(a) Penal Code (XLV of 1860)--- ----Ss.302(b) & 324---Qatl-e-amd and attempt to commit qatl-e-amd---Appreciation of evidence---Promptly recorded F.I.R. had ruled out any chances of false implication of accused and also established that complainant had seen the occurrence and he was not a chance witness being a resident of the same street---Other eye-witness was the resident of the house of occurrence and he had been injured in the incident by the accused---Medical evidence had fully corroborated the ocular testimony---Complainant and the injured eye-witnesses were not only brothers inter se but also the brothers of the accused and this relationship was not sufficient to discard their evidence, particularly in the absence of any previous enmity between them---Case was of single accused and kith and kin of the deceased would not substitute the real culprit with an innocent person---"Toka" recovered from accused was found to be stained with human blood---Accused had brutally murdered his real mother, grandmother and brother's wife besides causing serious injuries to his real brother and a minor child aged 4/5 years and he deserved nothing less than death sentence---Appeal was dismissed in circumstances. Haji v. The State 2010 SCMR 650; Muhammad Ahmad (Mahmood Ahmed) v The State 2010 SCMR 660; Khalid Saif Ullah v The State 2008 SCMR 688; Irshad Ahmad and others v The State and others PLD 1996 SC 138; Asad Mahmood v. Akhlaq Ahmed and another 2010 SCMR 868; Zafar v The State 2010 SCMR 1084 and Manzoor Ahmed v The State 1999 SCMR 132 ref (b) Penal Code (XLV of 1860)--- ----Ss.302(b) & 324---Qatl-e-amd and attempt to commit qatl-e-amd---Appreciation of evidence---Interested testimony, credibility, corroboration---Principles stated. Muhammad Ahmad (Mahmood Ahmed) v. The State 2010 SCMR 660 ref. (c) Penal Code (XLV of 1860)--- ----Ss.302(b) & 324---Qatl-e-amd and attempt to commit qatl-e-amd---Appreciation of evidence---Substitution---Plausibility---Substitution is a rare phenomenon, because even the interested witnesses would not normally allow real culprits for the murder of their relations let off by involving innocent persons. Khalid Saif Ullah v. The…
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