| Citation(s) |
|---|
| 2006 SLG 2427 2006 SLD 2427 2006 SCMR 261 |
Supreme Court of Pakistan
Jail Petition No.262 of 2003, decision dated: 8-11-2005
ABDUL HAMEED DOGAR AND MIAN SHAKIRULLAH, JAN, JJ
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Jail Petition No.262 of 2003, decision dated: 8-11-2005
ABDUL HAMEED DOGAR AND MIAN SHAKIRULLAH, JAN, JJ
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KHURSHID AHMED
VS
THE STATE
Law:
Section:
Penal Code (XLV of 1860)-------Ss. 302(b) & 324---Constitution of Pakistan (1973), Art.185(3)---Accused from the stage of framing of the charge had all along admitted to have killed seven persons and seriously injured two prosecution witnesses due to "Ghairat" as the deceased used to run a brothel in their house where his wife was also residing who was not allowed to go with him---Accused in order to substantiate the said plea had neither examined himself on oath nor produced any evidence in proof thereof---Ocular testimony of the injured witnesses was fully corroborated by motive, medical evidence, evidence of recovery of the rifle and its matching with the crime-empties recovered from the place of occurrence---Cruel, gruesome and brutal manner in which the accused had acted, had disentitled him to any leniency---Impugned suffering from no illegality or irregularity did not warrant any interference by Supreme Court---Leave to appeal was declined to accused in circumstances. Sheikh Muhammad Saleem, Advocate Supreme Court for Petitioner. Nemo for Respondent. Date of hearing: 8th November, 2005. JUDGMENT ABDUL HAMEED DOGAR, J.---This jail petition is directed against judgment, dated 28-4-2003 passed by a learned Division Bench of Lahore High Court, Multan Bench, Multan, whereby Criminal Appeal No.176 of 1995 filed by the petitioner was dismissed and the conviction and sentence awarded by the learned trial Court were maintained. 2. Briefly, stated, the facts of the case. are that prior to the occurrence, Jan Muhammad deceased contracted second marriage with Mst. Ghulam Jamnat, the sister of petitioner Khurshid after the death of his first wife Mst. Nawaban, mother of Mst. Bashiran. 4/5 days prior to the occurrence petitioner came to the Chak No.41/EB on leave from Murree where he was serving. He wanted to take his wife Mst. Bashiran along with him to Murree but Jan Muhammad and Mst. Ghulam Jannat did not agree with his idea as Mst. Bashiran was not mentally matured but they compelled the petitioner to take his wife to his village. On 27-3-1993 an altercation also took place but the matter was patched up by P.W. Ghulam Farid. On the same day at 11-30 a.m.…
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