Case Details

Citation(s)
2010 SLG 1361 2010 SLD 1361 2010 MLD 1879
Lahore High Court
Criminal Appeal No. 391-J of 2003, Criminal Revision No. 852 and M.R. No. 616 of 2003 heard on 29-03-2010.
MANZOOR AHMAD MALIK, JUSTICE MUHAMMAD ANWAR BHAUR, JUSTICE
Petitioner(s) by: Barrister Salman Safdar
Respondent(s) by: M.M. Alam Chaudhry, Additional Prosecutor-General Punjab

INTIZAR AHMAD ALIAS TAHIRI AND OTHERS

VS

THE STATE

Law: Pakistan Penal Code, 1860

Section: 149,302(6),324

(a) Penal Code (XLV of 1860)--- ----Ss. 302(6)/149 & 324/149---Qatl-e-amd, attempt to commit qatl-e- amd---Appreciation of evidence---F.I.R. had been lodged without any delay on the date and time given therein---Complainant eye-witness having been partially disbelived by the Trial Court, strong corroboration was required to believe his testimony---Presence of the injured eye-witness at the scene of occurrence was not disputed, which was proved by the injuries sustained by him---Medical evidence had supported the testimony of the said injured eye-witnesses---Quality and not the quantity of evidence weighed with the court and conviction could be maintained on the testimony of a single witness, if the same inspired confidence---If the evidence of the complainant was excluded from the prosecution evidence, even then the statement of the injured eye-witness was sufficient to prove guilt of the accused---Convictions of accused were consequently maintained---General allegation of indiscriminate firing had been made against all the accused---No weapon of offence had been recovered from any of the accused---No crime empty was taken into possession from the spot---Two co-accused with the similar role had been acquitted by Trial Court---Death sentence awarded to accused under S.302(b)/149, P.P.C. was reduced to imprisonment for life in circumstances---Sentence of accused under S.324/149, P.P.C. was upheld---Sentences were directed to rum concurrently. Iftikhar Hussain and others v. The State 2004 SCMR 1185; Ilahi Bux v. The State 1982 SCMR 57; Nawab Khan alias Nabi and 12 others v. The State 1988 SCMR 579; Haroon alias Harooni v. The State and another 1995 SCMR 1627; Muhammad Akram v. The State 2009 SCMR 230; Ghulam Qadir and 2 others v. The State 2008 SCMR 1221; Faheem Ahmad Farooqui v. The State 2008 SCMR 1572; Muhammad Zarnan v. Muhammad Afzaal and others 2005 SCMR 1679; Lal Khan v. The State 2006 SCMR 1846; Iftikhar Ahmad Khan v. Asghar Khan and another 2009 SCMR 502; Allah Dad and another v. The State 1995 SCMR 142; Muhammad Riaz and another v. The State and another 2007 SCMR 1413; Shehruddin v. Allah Rakhio and 5 others 1989 SCMR 1461; Mukhtar Ahmad v. The State…
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