| Citation(s) |
|---|
| 2011 SLG 2076 2011 SLD 2076 2011 SCMR 705 |
Supreme Court of Pakistan
Criminal Appeal No. 36 of 2005, decision dated: 4-06-2009 (On appeal from the judgment dated 21-2-2003 of the High Court of Sindh, Larkana Bench, passed in Criminal Appeal No. 41 of 1999)
JAVED IQBAL, SAYED ZAHID HUSSAIN AND MUHAMMAD SAIR ALI, JJ
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Criminal Appeal No. 36 of 2005, decision dated: 4-06-2009 (On appeal from the judgment dated 21-2-2003 of the High Court of Sindh, Larkana Bench, passed in Criminal Appeal No. 41 of 1999)
JAVED IQBAL, SAYED ZAHID HUSSAIN AND MUHAMMAD SAIR ALI, JJ
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KHAN MUHAMMAD and others
VS
. THE STATE
Law:
Section:
(a) Penal Code (XLV of 1860)-------Ss. 365-A/34 & 302/34---Anti-Terrorism Act (XXVII of 1997), S. 7(i)(a)--- West Pakistan Arms Ordinance (XX of 1965), S. 13(d) & (e)---Constitution of Pakistan, Art. 185(3)---Leave to appeal was granted to accused for reappraisement of entire evidence for safe administration of justice. (b) Penal Code (XLV of 1860)--- ----Ss. 365-A/34 & 302/34---Anti-Terrorism Act (XXVII of 1997), S.7(i)(a)---West Pakistan Arms Ordinance (XX of 1965), S. 13(d) & (e)---Appraisal of evidence---Discovery and recovery of dead body of the deceased on the pointation of accused was frilly supported by prosecution witnesses---Revolver recovered at the behest of accused had matched with the crime bullet according to the report of Expert---Statement of prosecution witnesses, confessional statements of accused, medical evidence and incriminating recoveries had all corroborated each other leading to the only conclusion that the deceased had been abducted for ransom and thereafter killed by the accused---Any lapse on the part of Investigating Officer was not by itself sufficient to demolish the evidence of unimpeachable varacity---Appeal was dismissed in circumstances. Sheikh Liaquat Hussain v. Federation of Pakistan 1999 SCMR 569; Hakim Ali v. The State 1971 SCMR 412 and Sh. Muhammad Amjad v. The State PLD 2003 SC 704 ref. Muhammad Zaman Bhatti, Advocate Supreme Court for Appellants. Saleem Akhtar, Additional P.G. Sindh for the State. Date of hearing: 13th May, 2009. JUDGMENT SAYED ZAHID HUSSAIN, J.---Sultan Ahmad son of (late) Haji Gul Muhammad, a cloth trader, who departed from his home on 10-10-1998 to collect payments from his customers, did not return home. His family continued searching him. Haji Khair Muhammad his uncle was however contacted by Khan Muhammad appellant and Anwar Ali that they had abducted Sultan Ahmad for ransom and demanded a sum of Rs.1,000,000 for his release. Both sides remained in contact for arranging and paying the demanded ransom. It was finally conveyed that the amount should be paid on 29-10-1998. The complainant Haji Khair Muhammad informed the local Police. On the said date i.e. 29-10-1998, Khan Muhammad…
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