Case Details

Citation(s)
2011 SLG 2106 2011 SLD 2106 2011 YLR 461
Lahore High Court
Criminal Appeal No. 6 and Murder Reference No. 326 of 2007, heard on 11th October, 2010
RAUF AHMED SHEIKH AND SHAHID HAMEED DAR, JJ
Raja Ghaneem Aabir Khan for Appellant. Ch. Muhammad Waheed Khan, D.P.G. for the State

MUHAMMAD SHABBIR

VS

THE STATE

Law:

Section:

Penal Code (XLV of 1860)--- ---S. 302(b)---Qatl-e-amd---Appreciation of evidence---Ocular evidence was trustworthy and inspired confidence---Medical evidence had fully supported the ocular account of occurrence---Pistol used in the offence had been recovered at the instance of accused---Crime empties secured from the place of incident had matched with the said pistol---Accused being a grown up man of 26 years fully knew the nature and consequences of his act---Accused had brutally and mercilessly killed the deceased, who had brought him up for the sole reason that the deceased had asked him to furnish true accounts, and he deserved no leniency---Trial Court had appreciated the evidence in its true perspective and arrived at the just conclusion---Well reasoned findings recorded by Trial Court did not warrant any interference---Conviction and sentence of death of accused were affirmed in circumstances. JUDGMENT RAUF AHMAD SHEIKH, J.---The appellant Muhammad Shabbir has challenged the judgment dated 11-1-2007 passed by Rana Nisar Ahmad Khan, learned ASJ, Rawalpindi, in case F.I.R. No.158 dated 26-4-2006 under section 302. P.P.C. Police Station Airport. whereby he was convicted under section 302(b), P.P.C. and sentenced to death and was further ordered to pay a sum of Rs.3,00,000 as compensation to the legal heirs of the deceased under section 544-A, Cr.P.C. and in case of default to undergo S.I. for six months. The learned trial Court has also submitted Murder Reference No.326 of 2007 under section 374, Cr.P.C. for confirmation or otherwise of the capital punishment awarded to the appellant. As both these matters arc inter-linked and inter-connected so are being decided through this single judgment. 2. Briefly stated the prosecution version as set-forth in the F.I.R. (Exh.PG/1) recorded on the statement (Exh.PG) of Waqar Ahmad Abbasi son of Haji Aziz, resident of house No.4113, Street No.11, Gulzar-i-Qaid, Rawalpindi, is that at 4-30 p.m. on 26-4-2006 the complainant and his brother Shakeel Ahmad Abbasi, his brother's wife Mst. Nasreen Bibi and their employee Muhammad Shabbir son of Muhammad Bashir were present in their house. Shakeel Ahmad Abbasi, complainant's…
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