Law: Penal Code (XLV of 1860)

Section: 302(b)

Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appreciation of evidence---Though it was an unseen occurrence, but the prosecution had been able to prove its case against accused by leading confidence inspiring circumstantial evidence, with no apparent motive---Accused had made voluntary confessional statement and narrated the whole story---Medical evidence had verified the folds of evidence collected in investigation and all the evidence found consistent with each other including oral set of evidence on record---Prosecution witnesses had given full evidence which was not shattered and it made clear cut chain of facts---Accused, in circumstances, had caused qatl-e-amd in the shape of first administering poisonous cooked rice and thereafter caused his death by strangulation by using trouser string---As accused had been found guilty of commission of heinous crime in brutal and callous manner, sentence imposed by the Trial Court on accused, would meet the ends of justice. JUDGMENT MIAN FASIH-UL-MULK, JUSTICE:---.--- Abdul Rashid appellant has filed Criminal Appeal No.118 of 2009 against the judgment and order of learned Additional Sessions Judge-I, Mansehra dated 20-10-2009, whereby he was convicted under section 302(b), P.P.C. and sentenced to death with payment of Rs.2,00,000 as compensation under section 544-A, Cr.P.C. payable to the legal heirs of deceased. Learned Sessions Judge has referred Murder Reference No.9 of 2009 for confirmation of sentence. Both the criminal appeal and murder reference are disposed of by this single judgment. 2. The prosecution case as set-up in the F.I.R. is that Abdul Rashid ASI, Police Post ‘Khaki send report to the officer-in-charge of Police Station Saddar Mansehra that one Shabbir son of Sher Wali met him at 1900 hours on 18-12-2007 in DHQ Hospital Mansehra and stated that he being a tractor driver was sowing wheat seeds in village Bherkund when his brother Khangir telephonically informed him that Ibrahim had been murdered and his dead body was taken to hospital. Upon such information, he reached the hospital and found that deceased Ibrahim, who is his maternal step-brother has been killed by unknown accused by…

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