| Citation(s) |
|---|
| 1979 SLG 213 1979 SLD 213 1979 PLD 498 |
Lahore High Court
Criminal Appeal No. 277 of 1977 and Murder Reference No. 130 of 1977, decided on 14th February, 1979. Dates of hearing: 9th, 17th January and 3rd February, 1979.
SHAMEEM HUSSAIN KADRL AND GHULAM MUJADDID MFRZA, JJ
Ch. Nazir Ahmad Khan assisted by Kh. Zia-ud-Din Khan for Appellant. Akhtar Shabbir for A.G. for the State. Jawwad S. Khawaja for the Complainant.
Criminal Appeal No. 277 of 1977 and Murder Reference No. 130 of 1977, decided on 14th February, 1979. Dates of hearing: 9th, 17th January and 3rd February, 1979.
SHAMEEM HUSSAIN KADRL AND GHULAM MUJADDID MFRZA, JJ
Ch. Nazir Ahmad Khan assisted by Kh. Zia-ud-Din Khan for Appellant. Akhtar Shabbir for A.G. for the State. Jawwad S. Khawaja for the Complainant.
AMANAT ALI AND 2 Others --Convict
VS
THE STATE--Respondent
Law:
Section:
(a) Penal Code (XLV of 1860)---- S. 302/34-Murder-Accused found to have strained relations with complainant party and only lalkara attributed to bim---Accused having been falsely implicated on account of alleged motive, acquitted. Muhammad Ashraf v. Faiz Ali P L D 1975 S C 556; Hidayatullah and others v. The State 1976 P Cr. L J 1067; Shera and others v. The State 1976 P Cr. L J 1028 and Muhammad Latif and others v. The State 1976 P Cr. L J 1151 rel. (b) Penal Code (XLV of 1860)---- S. 302/34-Murder-Ocular testimony corroborated by recovery of churri from one of accused and absconsion of co accused going a long way to corroborate his implication in incident-Conviction upheld-However, ocular testimony in tote not having been relied upon, death sentence considered to be uncalled for-Incident having a history of family dispute over prop:rty and both parties attributing overt acts to each other every now and then-Sentence of death converted into imprisonment for life, in circumstances of case.-[EvidenceSentence]. (c) Criminal Procedure Code (V of 1898)-----S. 544-A read with S. 386 and Penal Code (XLV of 1860), S. 302Award of compensation to heirs of deceased-No escape for an accused but to pay compensation awarded under S. 544-A, Cr. P. C. to heirs of deceased-Realization of such compensation cannot be frustrated----[Compensation]. The State v. Rab Nawaz and another P L D 1974 S C 87; Abdul Rahman and another v. Khurshid Hussain and another 1976 S C M R 195; Nil Kantha Pal v. Bisakha Pal A I R 1935 Cal. 546 and Haji Matiur Rehman Chowdhury v. The State P L D 1962 Dacca 238 ref. (d) Criminal trial---- "Sentence""Fine"-Definition----[Words and phrases]. Prem's Judicial Dictionary, Vol. 1I, 1964 Edn., p. 690 and Wharton's Law Lexicon, 14th Edn. Re. (e) Criminal Procedure Code (V of 1898) 5. 439 read with Ss. 386 & 544-A and Penal Code (XLV of 1860), S. 302-Enhancement of compensation-Section 439, Cr. P. C. not relevant for purpose of enhancement of compensation to heirs of deceased-However, fine of Rs. 5,000, keeping in view principle of natural justice, enhanced to Rs. 40,000 for each of two accused and out of same Rs. 75,000 directed to be paid to heirs of…
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