Law: Azad Penal Code (XLV of 1860)

Section: 302(b)

Law: Arms Act, 2013

Section: XX,13

Azad Penal Code (XLV of 1860)--- ----S. 302(b)---Arms Act (XX of 1965), S. 13---Qatl-i-amd, possession of illicit weapon---Appreciation of evidence---Single Member of Shariat Appellate Bench of High Court confirming death sentence---Legality---Scope---Accused was charged for committing murder of the father of complainant by firing---Perusal of the record revealed that FIR was registered against the convict under S. 302, Azad Penal Code, 1860---Later on, the challan was presented in the District Criminal Court under S. 302, Azad Penal Code, and S. 13 of the Arms Act, 1965---At the conclusion of the trial, the District Criminal Court, found the convict guilty for the murder of father of complainant and awarded him death sentence as Qisas--Convict filed an appeal before the Shariat Court---Reference was also sent by the Trial Court for confirmation of death sentence awarded to the convict---Bench comprising of the then Chief Justice of the Shariat Court dismissed the appeal filed by the convict and the reference sent by the trial Court for confirmation of death sentence awarded to the convict was answered in affirmative---As through the impugned judgment, the then Chief Justice of the Shariat Court, being a Single Member of the Bench, had confirmed the death sentence awarded to the convictappellant, hence, the same was not sustainable in the eye of law, therefore, without going into the merits of the case, the impugned judgment was set aside---Therefore, the appeal shall be deemed pending before the Shariat Appellate Bench of the High Court---Chief Justice, Shariat Appellate Bench of the High Court, was directed to constitute at least two Members' Bench for hearing of the appeal filed by the convict-appellant---Appeal was disposed of accordingly. Date of hearing: 10th February, 2025. JUDGMENT KHAWAJA MUHAMMAD NASIM, J.---The captioned appeal has been directed against the judgment of the Azad Jammu and Kashmir Shariat Court, dated 05.09.2002, passed in Criminal Appeal No.8/2000. 2.    The prosecution's case in brief, as stated in the FIR, is that Mian Muhammad Hassan son of Mian Fazal Illahi, filed a written report at Police Station Kahori,…