| Citation(s) |
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| 1994 SLG 1574 1994 SLD 1574 = 1994 PLD 176 |
Criminal Appeal No 10 with Murder Reference No. 2 of 1993, decided on 23rd January 1994.
Muhammad Bashir Khan Jehangiri and Qazi Muhammad Farooq, JJ
ZARIF KHAN---Appellant
VERSUS
THE STATE---Respondent
Law:
Section:
QAZI MUHAMMAD FAROOQ, J. --- The appellant Zarif Khan, aged about 55 years, was tried by the learned Sessions Judge, D.I. Khan for committing the murder of one Muhammad Bakhsh, father of his son-in-law, and making murderous assault on his son-in-law Gul Zaman alias Gulla. At the end of the trial he was convicted under section 302, P.P.C. and sentenced to death and a fine of Rs.5,000 or six months' R.I. in default. He was further convicted under section 337-F(v), P.P.C. and sentenced to five years' R.I. and ordered to pay Daman amounting to Rs.5,000 to Gul Zaman. The convict has come up in appeal to this Court and the usual reference for the confirmation of the sentence of death is also before us. Both the matters shall be dealt with and disposed of by this judgment. The occurrence is said to have taken place on 6-10-1991 at about 10-00 a.m. in the house of the complainant Gul Zaman, situated in village Garrah Hayat at a distance of about 5/6 kilometres from the Police Station Tank. The F.I.R. was lodged by the son-in-law of the appellant in the Emergency Ward of the Civil Hospital, Tank at 11-15 a.m. and it was recorded by Haq Nawaz Khan, A.S.I. (P.W.13). The facts of the prosecution case in brief are that on the eventful day while the complainant was present in his house alongwith his wife Mst. Gul Sherina and father Muhammad Bakhsh the appellant, armed with an S.B. shotgun, came there alongwith his wife Mst. Malala and daughter Mst. Nikki Gulli and asked the complainant's wife to come out and accompany him. The complainant's wife declined on which the complainant asked the appellant to desist from taking her away forcibly as she was not willing to accompany him. The appellant in turn fired at the complainant injuring his right arm. The complainant's father came forward to intercede on which the appellant fired at him effectively. The appellant fired a third shot also which went amiss and thereafter he disappeared alongwith his wife and daughter. The deceased in an injured condition was taken to the Civil Hospital, Tank where at about 11-30 a.m. he was medically examined by Doctor Aurangzeb (P.W.9) who found the…