| Citation(s) |
|---|
| 2026 SLG 2475 2026 SLD 2475 |
Islamabad High Court
Criminal Appeal No. 183 of 2017 Criminal Appeal No.24 of 2019 Murder Reference No. 01 of 2018
Presented By: MIANGUL HASSAN AURANGZEB,ARBAB MUHAMMAD TAHIR
Date of Hearing : 28.04.2022 Appellant by : Muhammad Amir Nadeem Khan, Muhammad Naveed Sultan & Ch. Muhammad Akhtar, Advocates
Respondent by : Sardar Ghulam Yasin, Malik Muhammad Rizwan Siddique, Faisal Malik & Syed Muhammad Ali Bukhari, Advocates State by : Saeed Khan Sadozai, State Counsel Nasir Manzoor and Iftikhar, S.I.
Criminal Appeal No. 183 of 2017 Criminal Appeal No.24 of 2019 Murder Reference No. 01 of 2018
Presented By: MIANGUL HASSAN AURANGZEB,ARBAB MUHAMMAD TAHIR
Date of Hearing : 28.04.2022 Appellant by : Muhammad Amir Nadeem Khan, Muhammad Naveed Sultan & Ch. Muhammad Akhtar, Advocates
Respondent by : Sardar Ghulam Yasin, Malik Muhammad Rizwan Siddique, Faisal Malik & Syed Muhammad Ali Bukhari, Advocates State by : Saeed Khan Sadozai, State Counsel Nasir Manzoor and Iftikhar, S.I.
(Muhammad Arshad
VS
. The State & another) (Syed Afzal Hussain Shah Vs. Adeel Ayub etc.) (The State Vs. Muhammad Arshad)
Law: Pakistan Penal Code (PPC),1860
Section: 302 , 34
Law: Code of Criminal Procedure, 1898
Section: 544A, 382B, 374
JUDGMENT SHEET ARBAB MUHAMMAD TAHIR, J. Muhammad Arshad (hereinafter referred to as “the appellant”) along with other co-accused, namely, Ahsan Mushtaq and Adeel Ayub (hereinafter referred to as “the acquitted respondents”) involved in case FIR No.73/2016 dated 08.03.2016 registered under Sections 302 and 34 of Pakistan Penal Code, 1860 (“hereinafter referred to as the “P.P.C.”) at Police Station Sabzi Mandi, Islamabad, were tried by the Court of the learned Additional Sessions Judge-I (West), Islamabad, whereby the learned trial Court vide impugned judgment dated 21.11.2017 while acquitting the respondents, proceeded to convict and sentence the appellant in the following terms:- Under Section 302 (b) PPC to suffer death sentence as Taazir for committing qatl-i-amd of Syed Ali Raza. He was also directed to pay compensation in the sum of Rs.4,00,000/- to the legal heirs of the deceased as required under Section 544-A of the Code of Criminal Procedure, 1898 and in default whereof to undergo six months simple imprisonment. Benefit of Section 382-B Cr.P.C. was also extended to him. Challenging his conviction and sentence, the appellant has filed Criminal Appeal No.183 of 2017, whereas Syed Afzal Hussain Shah (hereinafter referred to as “the complainant”) filed Criminal Appeal No.24 of 2019 against the acquittal of the respondents. The learned trial Court sent Reference under Section 374 of the Code of Criminal Procedure 1898 (hereinafter referred to as “Cr.P.C.”) which has been numbered as Murder Reference No. 01 of 2018 for confirmation or otherwise of the death sentence awarded to the appellant. Since all these matters emanate from the aforesaid judgment dated 21.11.2017 and since they are interconnected, hence they are being disposed of through this single judgment. FACTUAL BACKGROUND:- Tersely stated facts of the prosecution case as unveiled by the complainant (PW-8) in F.I.R. (Exh.PAA) is to the effect that he is working as Operation Manager in Access Security Company at G-11 Markaz, Islamabad for the last almost ten years; that on 07.03.2016 at about 9:35…