Law: Penal Code (XLV of 1860)

Section: 302(b)

Law: West Pakistan Arms Ordinance, (XX of 1965)

Section: 13

Penal Code (XLV of 1860)--- ----S. 302(b)---West Pakistan Arms Ordinance (XX of 1965), S.13---Qatl-e-amd and possession of arms---Appreciation of evidence---Confessional statement of accused, the eye-witness account and medical evidence, had proved case against accused, which was not even controverted by the counsel for accused---Accused, in circumstances, could not be released on probation---Judgment of the Trial Court needed no interference, both on legal and factual sides---Conviction and sentence as recorded by the Trial Court under S.302, P.P.C. were maintained; however, conviction of accused under S.13 of West Pakistan Arms Ordinance, 1965, was set aside because the shotgun had not been recovered from the possession of accused, but was produced by father of accused---Benefit of S.382-B, Cr.P.C. was also extended to accused and revision filed by the complainant for enhancement of sentence of accused, was also dismissed. JUDGMENT LIAQAT ALI SHAH, JUSTICE:---.--- Appellant Sardar Hafeez has questioned the judgment of the learned Sessions Judge/Zilla Qazi, Chitral, dated 3-8-2009 vide which the learned Sessions Judge acting as Juvenile Court, has convicted the appellant under section 302, P.P.C. and sentenced him to life imprisonment and compensation of Rs.07,00,000 under section 544-A, Cr.P.C. or in default six months’ S.I. The appellant was also convicted for an offence under section 13 Arms Ordinance and sentenced to six months’ S.I. 2. The learned counsel for complainant raised preliminary objection that vide order dated 7-7-2008 the learned trial Court has framed charge against the appellant as a Sessions Judge, wherein his age is recorded as 18/19 years and that it was vide order dated 13-8-2008 that the learned Judge, on the basis of his own observations, deemed it appropriate to determine the age of the appellant in order to ascertain as to whether he was to be tried under Juvenile Justice System Ordinance, 2000. Vide said order M.S. DHQ Hospital, Chitral, was directed to constitute a Medical Board for determination of the age of the appellant; that on 29-8-2008 the learned trial Judge declared him child in terms of section 7 of Juvenile Justice…

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