| Citation(s) |
|---|
| 1986 SLG 708 1986 SLD 708 1986 SCMR 1056 |
Supreme Court of Pakistan
Criminal Appeal No. 16-K of 1985, decision dated: 15-01-1986. (On appeal from the judgment of High Court of Sind, dated 13-8-1984, in Cr.A. 105 of 1983 and S.M.R. 152 of 1983).
MUHAMMAD HALEEM, C.J., NASIM HASAN SHAH, SHAFIUR RAHMAN AND ZAFFAR HUSSAIN MIRZA, JJ
Naraindas C. Motiani, Advocate Supreme Court for Appellant. M.A. Qarni, Advocate-on-Record No. 1. A. Sattar Shaikh, A.A.G. and Muzaffar Hassan, Advocate-on-Record (or
Respondent No. 2.
Criminal Appeal No. 16-K of 1985, decision dated: 15-01-1986. (On appeal from the judgment of High Court of Sind, dated 13-8-1984, in Cr.A. 105 of 1983 and S.M.R. 152 of 1983).
MUHAMMAD HALEEM, C.J., NASIM HASAN SHAH, SHAFIUR RAHMAN AND ZAFFAR HUSSAIN MIRZA, JJ
Naraindas C. Motiani, Advocate Supreme Court for Appellant. M.A. Qarni, Advocate-on-Record No. 1. A. Sattar Shaikh, A.A.G. and Muzaffar Hassan, Advocate-on-Record (or
Respondent No. 2.
JETHARAM-
VS
WERAM and others A. Sattar Shaikh, A.A.G. and Muzaffar Hassan, AdvocatEoNRecord (or No.2.
Law:
Section:
(a) Constitution of Pakistan (1973)-----Art. 185(3)--Penal Code (XLV of 1860), S. 302--Leave to appeal granted to examine whether on facts and circumstances of case lesser sentence (life imprisonment and fine) imposed upon accused was legal and adequate. (b) Penal Code (XLV of 1860)-----S. 302--Eye-witnesses natural, independent and reliable and their presence undoubted and no enmity alleged against them--Accused on arrest found to be wearing blood-stained clothes and weapon of offence secured at his instance reported to be blood-stained--Complainant proving motive against accused--Accused deliberately suppressing fact of his receiving injuries as it would have been en incriminating evidence establishing his presence--Guilt of accused brought home to him on sufficient evidence and his conviction under section 302, Penal Code, upheld in circumstances. (c) Penal Code (XLV of 1860)-----S. 302--Sentence--Accused trespassing into house of complainant after having armed himself with a Chhuri at dead of night in order to commit offence--Act of accused extremely culpable and deserving normal penalty of death--Act of accused unprovoked, killing of an unarmed and helpless woman in sanctuary of her own house was an extremely condemnable act--No mitigating circumstances existing to uphold lesser penalty--Sentence of imprisonment for life altered to sentence of death.--[Sentence] JUDGMENT ZAFFAR HUSSAIN MIRZA, J.--Leave was granted in this appeal in order to examine whether on the facts and circumstances of the case, the lesser sentence (life imprisonment and fine) imposed upon respondent Weram is legal and adequate. Respondent Weram was tried by the Additional Sessions Judge, Karachi, under section 302, P. P. C. , for having caused double murder of Miran Bai and Gulab. He was found guilty and was sentenced to life imprisonment on each count and further directed to pay Rs.5,000 as compensation to the heirs of deceased Ghulab and Miran Bai or in default to undergo R.I. for six months more. 3. Being dissatisfied with the judgment of the trial Court, complainant Jetharam who is the appellant before us, filed a criminal revision before the Sind High Court for enhancement of…
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