| Citation(s) |
|---|
| 1994 SLG 1557 1994 SLD 1557 = 1994 PLD 114 |
Criminal Appeal No.54 and Murder Reference No.3 of 1991, decided on 18th January, 1994.
Abdur Rehman Khan and Saleem Dil Khan, JJ
SABIR and 3 others---Appellants
VERSUS
THE STATE ---Respondent
Law:
Section:
ABDUR REHMAN KHAN, J.---This judgment will dispose of ~(i) Criminal' Appeal No.54/91 Sabir etc. v. The State, (ii) Murder Reference No.3/1991 and (iii) Criminal Revision Np.56/1991 Habibur Rehman etc.: v. The State. Criminal Appeal No. 54/1991 has been filed by the appellants against the impugned judgment dated 11-12-1991 of the learned Additional Sessions Judge Haripur, whereby all the appellants were convicted under section 302/34, P.P.C. but out of them two appellants Sabir and Juma were sentenced to death and a fine of Rs.10,000 or in default to two years' rigorous imprisonment while the other two appellants Abdus Sattar and Mushtaq were sentenced to imprisonment for life and a fine of Rs.15,000 each or in default of payment of fine to undergo two years' rigorous imprisonment: Murder Reference No.3/91 has also been put up before us for confirmation. Criminal Revision No.56/91 has been moved by the complainant side for enhancement of fine, awarding of compensation and confiscation of property of all the accused and enhancement of sentence of appellants Mushtaq and Abdus Sattar to that of death. The F.I.R. in this case was lodged by Khalil-ur-Rehman deceased himself while in injured condition on 19-3-1990 at 18-40 hours in Emergency Ward of Civil Hospital, Haripur regarding the injuries which were inflicted on him the same date at 5-30 p.m. It is to be noted here that according to the Medical Officer the complainant died of these injuries on 24-8-1990 at 10-30 a.m. It was stated in dying statement that at 5-30 p.m. he (the deceased) alongwith his son Habib-ur-Rehman P.W.6, Muhammad Khalil (P.W. not produced), Iqbal P.W.7 and others were leaving for his house after attending the funeral of the wife of Munsif Khan. When they reached near the house of Jehandad all of a sudden the appellants came in front of him out of whom Sabir appellant addressed him (KAY TUM NAY KAHA BAMASHI BANAI HUI HAI). In the meantime Mushtaq and Abdus Sattar appellants got hold of him while the appellants Juma and Sabir gave dagger blows with which he received injuries on various parts of the body. Motive for the crime was given as sometime back one Haji Yousaf had been…