Case Details

Citation(s)
1994 SLG 1561 1994 SLD 1561 = 1994 PLD 126

Criminal Appeal No.23 and Murder Reference No.1 of 1991, decided on 17th January, 1994.
Abdur Rehman Khan and Saleem Dil Khan, JJ

HABIB-UR-REHMAN and another---Appellants

VERSUS

THE STATE---Respondent

Law:

Section:

SALEEM DIL KHAN, J.---The two appellants, namely, Habib-ur -Rehman son of Sher Afzal, aged about 22/23 years (hereinafter named as Habib Khan) and Khurshid son of Ghulam Haider, aged about 23/24 years were convicted by Additional Sessions Judge-I, Haripur under section 302/34, P.P.C., for the murder of Muhammad Fayyaz son of Feroz Muhammad, aged 19/20 years through judgment dated 3-7-1991 and were sentenced to death and a fine of Rs.20,000 each. It was directed that the fine, if realized, shall be paid to legal heirs of the deceased as compensation under section 544-A, Cr.P.C. The two appellants were also convicted under section 377, P.P.C. through the same judgment/order and were further sentenced to 5 years' R.I. and a fine of Rs.5,000 each or further 1 year R.I. each in default of payment thereof. The two appellants have challenged their conviction and sentence by filing this Criminal Appeal No.23 of 1991. The proceedings regarding confirmation of death sentence bearing Ne.ll/1991 have also been sent to us for confirmation under section 374, Cr.P.C. by the learned trial Court. One Criminal Revision No.26/91 has also been filed by Muhammad Feroz father of the deceased for enhancement of sentence already imposed by the trial Court under section 377/34, P.P.C. and also to obtain an order for payment of compensation under section 544-A, Cr.P.C. alongwith confiscation of the immovable property belonging to the two appellants. We propose to decide all the three matters by our consolidated judgment.   The prosecution story in this case takes start from the F.I.R. which has been lodged by Maghfoor-ur-Rehman S.H.O., P.S. Kot Najibullah as first informant. According to the F.I.R. Maghfoor-ur-Rehman, S.H.O., Police Station Kot najibullah was about to leave the police station on his night patrol and it was about 10 p.m. in the night when a Suzuki Pick-up Van bearing NO.ADA 5237 came to the police station. Accused Khurshid son of Ghulam Haider, resident of Malkiar, then injured, accompanied by Habib Khan accused and also one Mirza Shaukat, Advocate were boarding the said Suzuki Pick-up. They informed Maghfoor-ur-Rehman S.H.O., Kot-najibullah that at about 4 p.m.…
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