| Citation(s) |
|---|
| 2007 SLG 3001 2007 SLD 3001 2007 PLJ 20 |
Lahore High Court
Crl. A. No. 932 of 2004, heard on 28.9.2006.
TARIQ SHAMIM, J.
Mr. Muhammad Sharif, Advocate for Appellant. Mr. Iram Sajjad Gull, Advocate for State
Crl. A. No. 932 of 2004, heard on 28.9.2006.
TARIQ SHAMIM, J.
Mr. Muhammad Sharif, Advocate for Appellant. Mr. Iram Sajjad Gull, Advocate for State
ASIM ALI--Appellant
VS
STATE--Respondent
Law:
Section:
Pakistan Penal Code, 1860 (LXV of 1860)- ----Ss. 302(b) & 306(A)--Juvenile Justice System Ordinance, (XXII of 2000), S. 13--Criminal Procedure Code (V of 1898), S. 410--Conviction and sentence--Assailed--Ocular account was furnished by PWs who were the eye-witnesses--PWs were independent witnesses and were not related to complainant or accused, and details given by them regarding the time of occurrence, locale of injury and the weapon used has remained unshaken--Occurrence took place in open place which was a crowded place--Presence of the witnesses were natural as they have shops in the vicinity--Plea of the accused that some one else had committed the murder of the deceased has no substance--With the exception of the motive, the eye witness account furnished by independent witnesses who had no enmity with the accused stands fully corroborated by medical evidence and the evidence of recovery--Appellant was a juvenile at the time of occurrence, as such his case fall within the ambit of S. 306-A PPC and the sentence of imprisonment for life was uncalled was without any substance--Trial Court keeping in view the provisions of Juvenile Justice System Ordinance 2002 has already awarded lesser sentence--Appeal dismissed. Judgment Aasim Ali appellant through this Crl. Appeal No. 932 of 2004 assails the judgment dated 4.5.2004 passed by the learned Addl. Sessions Judge/Judge Juvenile Justice System Ordinance, 2000, Faisalabad whereby he convicted the appellant under Section 302(b) PPC and sentenced him to imprisonment for life with a further direction to pay an amount of Rs. 1,00,000/- as compensation to the legal heirs of the deceased as contemplated by Section 544-A Cr.P.C. and in default thereof to further undergo 6 months S.I. availing the benefit of Section 382-B Cr.P.C. 2. Briefly stated the facts of the case as gathered from the FIR Ex. PF/1 lodged by Ahsan-ul-Haq complainant (PW16), are that on 27.2.2002 at about 7.30 p.m. one Sardar Muhammad informed the complainant on telephone that his nephew (Bhatija) Naveed-ur-Rehman, who was sitting on his medical store, had been injured by Aasim Ali appellant by a pistol shot and was lying in hospital in injured…
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