Law: Pakistan Penal Code, 1860

Section: 308

Law: Criminal Procedure Code (V of 1898)

Section: 544A

(a) Penal Code (XLV of 1860)-- ----S. 308---Appreciation of evidence---Trial Court had appraised evidence properly and rightly concluded the case having been proved by the prosecution against the accused---Conviction of accused, therefore, was unexceptionable---Accused was more than 14 years of age at the time of occurrence and the way in which he committed the murder by arming himself with a pistol showed that he had -attained sufficient maturity and fully realized the consequences of his act---Vindication of family honour, however, being involved, the accused, a young boy, obsessed by disgrace and insult meted out to him and his family was prompted to commit murder---Sentence of 14 years' R.I. awarded to accused was reduced to 10 years' R.I. in circumstances---Sentence of accused to pay Diyat was upheld--Order for payment of Rs.50,000 as compensation to the heirs of the deceased over and above the payment of Diyat was not called for and the same was set aside accordingly. (b) Criminal Procedure Code (V of 1898)-- ----S. 544-A---Penal Code (XLV of 1860), S.308---Compensation for the heirs of the deceased not necessary if the accused was ordered to pay Diyat--­Where an offender has been ordered to pay Diyat the purpose of 5.544-A, Cr.P.C. stands accomplished and no order for payment of compensation to the heirs of deceased is called for. JUDGMENT ZAFAR PASHA CHAUDHRY, J.---Criminal Appeal No.705.of 1996 has been filed by Rashid Mahmood appellant against his conviction and sentence whereas Criminal Appeal No.743 of 1996 under section 417(2 A), Cr.P.C. and Cr.P.S.L.A. No.32 of 1996 under section 417(2), Cr.P.C. have been filed by Muhammad Ali complainant. As all, the three arise out of common judgment dated 7-9-1996 passed by Malik Ata Rasool Joya, Additional Sessions Judge, Gujranwala, therefore, have been taken up together and are disposed of through this single judgment. 2. Abdul Ghafar, Muhammad Ramzan and Rashid Mahmood appellants were sent up to face trial in the Court of Malik Ata Rasool Joya, Additional Sessions Judge, Gujranwala, in case F.I.R. No.39 of 1994 registered with Police Station Cantt. Gujranwala, on 15-3-1994 under section 302/34, P.P.C. As…

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