Case Details

Citation(s)
2011 SLG 2117 2011 SLD 2117 2011 YLR 439
Lahore High Court
Criminal Appeal No. 1115 of 2007, heard on 15th September, 2010
IJAZ AHMAD CHAUDHRY AND SHAHID HAMEED DAR, JJ
Rai Bashir Ahmad for Appellant. Ch. M. Aslam Sandu Addl. P.G. for the State

SARMAD MEHMOOD AHMAD

VS

E STATE

Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 302 & 201---Qatl-e-amd, causing disappearance of evidence of offence, or giving false information to screen offender---Appreciation of evidence--F.I.R. was lodged promptly---Presence of eye-witnesses at the place of occurrence appeared natural as they could not have reached the spot immediately to register the F.I.R.---Oral account was corroborated by medical evidence---Brutality displayed by the accused in commission of offence was sufficient to terrify the witnesses who did not risk their own lives to save the deceased---Witnesses had no motive or ill-will to falsely implicate the accused---Presence of accused with the deceased at the place of occurrence was established---Accused tried to destroy the evidence of the case by raising false plea of alibi through concocted and tampered entry in the register of the Hotel wherein he claimed to have stayed on the date of occurrence---Conduct of the accused remained dubious; instead of registering the F.I.R., he fled the scene and tried to create false story of alibi which suggested his involvement in the case---Motive was always harboured by accused and same could not be ascertained in each case, therefore, non proving of motive was not fatal to the prosecution case where involvement of the accused in commission of the offence was proved by other evidence produced by prosecution---Prosecution had proved its case beyond shadow of doubt through reliable and confidence inspiring evidence---Trial Court rightly convicted the accused---Barbarity perpetrated by accused did not entitle him to any leniency---Sentence and conviction of the accused was maintained and the Murder Reference was answered in the affirmative---Appeal was dismissed. JUDGMENT IJAZ AHMED CHAUDHRY, J.---Sarmad Mehmood Ahmad son of Hidayat Shah was tried by the learned Additional Sessions Judge, Jhang, in case F.I.R. No.58 dated 1-3-2006, registered under section 302/201, P.P.C. at Police Station 18-Hazari Teshil and District Jhang for the murder of his wife Mst. Zubaida Bibi, who vide his judgment dated 23-6-2007 convicted him under section 302(b), P.P.C. and sentenced him to death with direction to pay Rs.…
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