Law: Pakistan Penal Code, 1860

Section: 302(b), 34, 109, 148, 149, 186, 188, 201, 302(b), 311, 324, 337-F, 377

Law: Code of Criminal Procedure (CrPC), 1898

Section:

ORDER

Shahid alias Shahidi (convict/appellant) along with his co-accused Nazim Hussain and Ibraheem (co-accused of abetment, since acquitted) was tried by the learned Additional Sessions Judge, (MCTC), Sheikhupura, in a private complaint titled “Saddam Hussain vs. Shahid alias Shahidi and two others” under sections 302, 34/
109 PPC instituted by Saddam Hussain/ complainant (PW-1) being dissatisfied with the investigation conducted by the police in case FIR No.441 of 2019, dated 02.10.2019 for offences under sections 302/ 311/ 109/ 34 PPC registered at Police Station Sadar Farooqabad, District Sheikhupura, and on conclusion of trial vide judgment dated 23.12.2021, Nazim Hussain and Ibraheem, co-accused of abetment were acquitted, whereas, appellant Shahid alias Shahidi was convicted and sentenced as under:-
“Under Section 302 (b) PPC to death sentence for committing Oatl- e-Amad  of  Razia  Bibi  deceased.  He  was  also  directed  to  pay compensation of Rs1,000,000/- (one million) to the legal heirs of Razia Bibi (deceased) and in default whereof to suffer 06-months simple imprisonment.”
Aggrieved by his conviction and sentence, Shahid alias Shahidi (appellant) filed Criminal Appeal No.848 of 2022. Likewise, trial Court sent reference under Section 374 Cr.P.C. which was numbered as Murder Reference No.234 of 2021 for the confirmation or otherwise of death sentence awarded to Shahid alias Shahidi appellant whereas complainant Saddam Hussain filed Crl. PSLA No.846 of 2022 challenging the acquittal of co-accused Nazim Hussain and Ibraheem. The complainant also filed Crl. Revision No.847 of 2022 for enhancement of compensation amount awarded to death convict Shahid alias Shahidi.

2.    The factual matrix in which the appellant came to be prosecuted and convicted has been set out in the FIR (ExhCW-6/A) as well as in the private complaint (Exh.PB). Briefly stated, the incident that culminated in the death of deceased-Razia Bibi and the consequent prosecution of the appellant and two others by Saddam Hussain/ complainant (PW-1) is that on 02.10.2019 he submitted written complaint (Ex.PA) before Rasheed Ahmad, A.S.I (CW-6) at Police Station Sadar, Farooqabad who got transformed it into formal FIR (Exh.CW.6/A) from the computer operator alleging therein that on 02.10.2019 at about 06:30 p.m. he (Saddam Hussain, complainant) (PW-1) along with Muhammad Aslam (PW-02) and Muhammad Imran (given up PW) proceeded from his under constructed house situated at Dera Pull Wala to his house situated at Roranwali while riding on a motorcycle whose light was on whereas his mother, Razia Bibi (deceased) was going ahead of them at some distance. When they were just at some distance away to Rasheed Nagar School, three accused who were ambushed while armed with pistols came out from the paddy crop and in the light of motorcycle, they identified one of them as Shahid alias Shahidi (appellant) whereas the remaining two were unknown and also armed with pistols. Shahid alias Shahidi (appellant) instantaneously while abusing the complainant’s mother, made a straight fire shot with his pistol whereas the other two unknown persons who could be identified on their appearance, also made fire shots with their pistols which hit the mother of the deceased. Consequently complainant’s mother (deceased) while smeared with blood fell on the ground who succumbed to the injuries at the spot. The accused ran away from the spot while making firing. The occurrence was committed on the abetment/ instigation of co-accused Ibraheem and Muhammad Nazim.
The motive behind the occurrence was that Shahid alias Shahidi appellant and his family members were demanding the hand of complainant’s sister for the last one year but his mother (deceased) refused for which the accused nourished grudge. Besides the complainant, Muhammad Aslam and Muhammad Imran witnessed the occurrence.