| Citation(s) |
|---|
| 2011 SLG 1918 2011 SLD 1918 2011 SCMR 865 |
Supreme Court of Pakistan
Criminal Appeal No. 8(s) of 2008, decision dated: 23rd April, 2009. (On appeal from the judgment dated 5-1-2006 of the Federal Shariat Court passed in Jail Criminal Appeal No. 111/I of 2003 (L.W) and Criminal Murder Reference No. 9/1 of 2004)
JUSTICE M. JAVED BUTTAR, CHAIRMAN, JUSTICES MUHAMMAD FARRUKH MAHMUD, MAHMOOD AKHTAR SHAHID SIDDIQUI, DR. ALLAMA KHALID MAHMUD AND ALLAMA RASHID AHMED, JULLUNDHARI, MEMBERS
Muhammad Zaman Bhatti, Advocate Supreme Court for Appellant. Shabbir Ahmed Lali, D.P.G. for the State
Criminal Appeal No. 8(s) of 2008, decision dated: 23rd April, 2009. (On appeal from the judgment dated 5-1-2006 of the Federal Shariat Court passed in Jail Criminal Appeal No. 111/I of 2003 (L.W) and Criminal Murder Reference No. 9/1 of 2004)
JUSTICE M. JAVED BUTTAR, CHAIRMAN, JUSTICES MUHAMMAD FARRUKH MAHMUD, MAHMOOD AKHTAR SHAHID SIDDIQUI, DR. ALLAMA KHALID MAHMUD AND ALLAMA RASHID AHMED, JULLUNDHARI, MEMBERS
Muhammad Zaman Bhatti, Advocate Supreme Court for Appellant. Shabbir Ahmed Lali, D.P.G. for the State
MUHAMMAD SHAFIQUE
VS
THE STATE
Law:
Section:
(a) Penal Code (XLV of 1860)-------Ss. 302/34 & 397/34---Constitution of Pakistan, Art. 203-F(2B)---Leave to appeal was granted to accused by Supreme Court for reappraisal of entire evidence in the case. (b) Penal Code (XLV of 1860)--- ----Ss. 302/34 & 397/34---Appraisal of evidence---Prosecution witnesses had reached the spot immediately after the occurrence and their statements were corroborated by the Investigating Officer---Pistol used in the commission of the offence and other incriminating articles belonging to the deceased had been recovered from the accused---Sending the five crime empties collected from the spot immediately after the occurrence along with the pistol recovered from the accused on the following day to the Forensic Science Laboratory, did not suffer from any delay or irregularity---Medical evidence had fully supported the prosecution case---No exception could be taken to the conclusion arrived at by the courts below, even in the matter of death sentence awarded to accused---Appeal was dismissed accordingly. JUDGMENT JUSTICE MAHMOOD AKHTAR SHAHID SIDDIQUI (MEMBER)---Muhammad Shafiq, appellant and one Shahid son of Lal Din were tried by Mr. Justice (R) Muhammad Sharif Chaudhary, Judge, Special Court for Speedy Trials, Multan for offences under sections 302, 397, P.P.C. and section 17 Offences Against Property (Enforcement of Hudood) Ordinance, 1979 read with section 34 of the P.P.C. in case F.I.R. No. 505 of 1993 dated 28-11-1992 registered Mumtazabad Police, Multan at the instance of Muhammad Hussain father of Muhammad Aslam deceased. The trial Court convicted both the accused for offence under sections 302/34 and 394/34, P.P.C, vide judgment dated 4-7-1993. Muhammad Shafiq appellant was sentenced to death, while Shahid co-convict was sentenced to life imprisonment. Under section 397/34, P.P.C. they were sentenced to 7 years' R.I. each and allowed benefit of section 382-B, Cr.P.C. They were also burden to pay a sum of Rs.100,000 each as compensation to the legal heirs of the deceased and in case of default they were ordered to suffer further simple imprisonment for six months under section 544-A, Cr.P.C. Shahid co-convict of the…
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