| Citation(s) |
|---|
| 1999 SLG 300 1999 SLD 300 1999 SCMR 406 |
Supreme Court of Pakistan
Criminal Appeal No. 180 of 1995, decision dated: 26-10-1998. (On appeal from the judgment/order, dated 26-7-1994 of the Lahore High Court, Lahore passed in Criminal Appeal No.888 of 1990 and M.R. No.32 of 1991)
RAJA AFRASIAB KHAN, SH. IJAZ NISAR AND SH. RIAZ AHMED, JJ
S. Abul Aasim Jafri, Advocate-on-Record for Appellants. Advocate-General, Punjab for the State
Criminal Appeal No. 180 of 1995, decision dated: 26-10-1998. (On appeal from the judgment/order, dated 26-7-1994 of the Lahore High Court, Lahore passed in Criminal Appeal No.888 of 1990 and M.R. No.32 of 1991)
RAJA AFRASIAB KHAN, SH. IJAZ NISAR AND SH. RIAZ AHMED, JJ
S. Abul Aasim Jafri, Advocate-on-Record for Appellants. Advocate-General, Punjab for the State
MUHAMMAD IKRAM alias BILLA and another
VS
THE STATE
Law:
Section:
(a) Penal Code (XLV of 1860)--S.302/34---Sentence---Reappraisal of evidence ---Persecution witnesses who had given consistent and coherent details of occurrence, had stood test of cross-examination and were corroborated by unimpeachable testimony of recovery witness---Evidence of prosecution witness was also corroborated by medical evidence---No discrepancy having been found in statements of prosecution witnesses rendering them unworthy of belief, their evidence could not be discarded---Mitigating circumstance in case of sentence awarded to accused existed as prosecution witness had himself admitted that a dispute arose between accused and deceased on amount of loan and that deceased had a quarrel and scuffled with accused when he demanded his money back from deceased and that deceased had also abused accused at that occasion---Accused who was young and teenager, must have felt highly offended over conduct of deceased for his failure to return borrowed money and having received abuses from deceased on demanding his money back---Such fact entitled accused to leniency in matter of sentence and ends of justice would be met if his sentence of death was converted into life imprisonment---Sentence of death of accused was converted into life imprisonment, in circumstances. (b) Criminal trial--- ----.Sentence---Mitigating circumstance---Mitigating circumstance in case of sentence awarded to accused existed as prosecution witness had himself admitted that a dispute arose between accused and deceased on amount of loan and that deceased had a quarrel and scuffled with accused when he demanded his money back from deceased and that deceased had also abused accused at that occasion---Accused who was young and teenager, must have felt highly offended over conduct of deceased for his failure to return borrowed money and having received abuses from deceased on demanding his money back---Such fact entitled accused to leniency in matter of sentence and ends .of justice would be met if his sentence of death was converted into life imprisonment---Sentence of death of accused was converted into life imprisonment, in circumstances. JUDGMENT SH. IJAZ NISAR, J.---This appeal with the…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492