Law: Pakistan Penal Code, 1860

Section: 302,449

Law: Criminal Procedure Code, 1898

Section: 544-A,382-B

Summary

Muhammad Ali was convicted under Sections 302 and 449 PPC for murder and house trespass, respectively, based on consistent and trustworthy eyewitness testimony and supported by medical evidence. The court found the FIR timely and the minor discrepancies between ocular and medical evidence inconsequential, dismissing the appeal and upholding the convictions and sentences.

Core Points

• Muhammad Ali was tried and convicted under Section 302 PPC (murder) and Section 449 PPC (house trespass).
• FIR was lodged within one hour of the occurrence, ensuring prompt reporting.
• Eyewitnesses Mst. Farzana Bibi and Muhammad Junaid, residing at the crime scene, gave consistent and credible testimony.
• Minor discrepancies between the ocular account and medical evidence about the injury site were deemed insignificant.
• The postmortem was conducted with some delay, but no evidence showed it was intentional or affected the case.
• The trial and High Courts correctly convicted and sentenced the petitioner; the appeal was dismissed.
• Compensation under Section 544-A Cr.P.C. was ordered with provision for default punishment.
• Benefit of Section 382-B Cr.P.C. was extended, allowing concurrent sentences.

Law and Section Table

JUDGMENT