| Citation(s) |
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| 2003 SLG 3092 = 2003 SLD 3092 = 2003 PLJ 576 |
Lahore High Court
Crl. Appeal No. 517 of 2001 heard on 28.2.2003.
Presented By: KH. MUHAMMAD SHARIF, J.
Mr. Shah Jahan Khan Pitaft, Advocate for Appellant. Mr. Ashfaq Ahamd Chaudhry, Advocate for State. Mr. Afzaal Aslam Khan, Advocate for Complainant.
Crl. Appeal No. 517 of 2001 heard on 28.2.2003.
Presented By: KH. MUHAMMAD SHARIF, J.
Mr. Shah Jahan Khan Pitaft, Advocate for Appellant. Mr. Ashfaq Ahamd Chaudhry, Advocate for State. Mr. Afzaal Aslam Khan, Advocate for Complainant.
MUSHTAQ AHMAD alias BILLA and another-Appellants
VERSUS
STATE-Respondent
Law: Pakistan Penal Code, 1860
Section: 302(b)
PLJ 2003 Cr.C. (Lahore) 576 Present: Pakistan Penal Code, 1860 (XLV of 1860)-- —S. 302(b)-Murder--Offence of-Conviction and sentence-Appeal against-Being widow of deceased she was natural witness of occurrence as same had taken place in her house, so her testimony cannot be doubted by any stretch of imagination-Another lady though injured was given up being un-necessary--No doubt one PW was not witness of having seen accused causing injuries to deceased but he had seen both accused jumping from roof top of house after occurrence--"C7zMrra" recovered on pointation of one appellant was found to be stained with human blood as per report of Serologist-Motive also laid with main appellant as few days prior to occurrence he was caught red handed while committing theft by deceased and given beating-He was never found innocent by Police-Held: Prosecution has been successful in proving its case against him.-Second appellant although real brother of main accused but nothing incriminating was recovered on his pointation-He was found innocent by Police-Appeal of main appellant dismissed while that of his real brother accepted. [P. 579] A, B, C, D & E Date of hearing: 28.2.2003. judgment This judgment will dispose of Crl. Appeal No. 517 of 2001 filed by Mushtaq Ahmad and Riaz Ahmad sons of Manzoor Ahmad who were convicted under Section 302(b) PPC and sentenced to imprisonment .for life and to pay…