| Citation(s) |
|---|
| 2026 SLD 3012 |
Islamabad High Court
Criminal Appeal No.48 of 2019 Murder Reference No. 02 of 2019 Criminal Appeal No.44 of 2019 Jail Appeal No.47 of 2019 Criminal Revision 48/2019 Jail Appeal No.54 of 2019 Crl. Appeal No. 91/2019
Presented By: ARBAB MUHAMMAD TAHIR
Appellants by : Mr. Zahid Riaz Ch., Ms. Sehrish Rizwan & Sikandar Javed, Advocates Complainant by : Malik Jawad Khalid, Advocate State by : Mr. Jameel Fayyaz Rajput, State Counsel along with Qasim Zia, S.I. Dates of Hearing : 13.10.2022
Criminal Appeal No.48 of 2019 Murder Reference No. 02 of 2019 Criminal Appeal No.44 of 2019 Jail Appeal No.47 of 2019 Criminal Revision 48/2019 Jail Appeal No.54 of 2019 Crl. Appeal No. 91/2019
Presented By: ARBAB MUHAMMAD TAHIR
Appellants by : Mr. Zahid Riaz Ch., Ms. Sehrish Rizwan & Sikandar Javed, Advocates Complainant by : Malik Jawad Khalid, Advocate State by : Mr. Jameel Fayyaz Rajput, State Counsel along with Qasim Zia, S.I. Dates of Hearing : 13.10.2022
Shahbaz Haider Shah
VS
. Syed Asghar Hussain Shah Nasir Shabbir Vs. The State Nasir Shabbir Vs. The State and another
Law: Pakistan Penal Code (PPC),1860
Section: 302, 109 , 34
JUDGMENT SHEET ARBAB MUHAMMAD TAHIR, J. Nasir Shabbir, Shahbaz Haider Shah, Yasir Ali Shah and Ahsan Mehboob (hereinafter collectively referred to as “the appellants”) involved in case FIR No.160/2015 dated 10.06.2015 registered under Sections 302, 109 and 34 of Pakistan Penal Code, 1860 (“hereinafter referred to as “P.P.C.”) at Police Station Sihala, Islamabad, were tried by the Court of the learned Additional Sessions Judge (East), Islamabad. Whereby the learned trial Court through judgment dated 22.02.2019 (hereinafter referred to as “the impugned judgment”) while acquitting Ahsan, found rest of the appellants guilty of the offences mentioned in the said F.I.R. and proceeded to convict and sentence them in the following terms:- Accused Nasir Shabbir had made repeated fire on the deceased Wajih ul Hassan Shah on his vita (sic) part of the body of deceased Wajid ul Hassan Shah, therefore, he has committed qatle amad of deceased Wajih ul Hassan and therefore he is convicted under section 302(b) P.P.C. and awarded major penalty of death sentence, he will be hang (sic) till death he is also liable to pay compensation of Rs, 10 lack (sic) under Section 544-A Cr.P.C. to the legal heirs of deceased and in case of failure to undergo simple imprisonment of 4 months. Accused Yasir Shah had made fire shot at the right lumber region of the deceased Wajih ul Hassan, which is on vital part of the body therefore, he is also convicted under section 302(b) P.P.C. for committing qalt-e-ammad of deceased Wajih ul Hassan Shah and awarded death penalty he will be hang (sic) till death he is also liable to pay compensation of Rs, 10 lack (sic) under Section 544-A Cr.P.C. to the legal heirs of deceased and in case of failure to undergo simple imprisonment of 4 months. iii. Accused Shahbaz Shah is convicted under section 302(b) PPC for committing qalte Amad of deceased Wajih Ul Hassan Shah, however due to existence of mitigating circumstances that the fire shot made by him was not on vital part of body of deceased therefore, he is convicted to undergo imprisonment for life as Taazir, in order to meet the ends of…