| Citation(s) |
|---|
| 2006 SLG 2603 2006 SLD 2603 2006 SCMR 1012 |
Supreme Court of Pakistan
Jail Petition No.218 of 2004, decision dated: 14-02-2006 (On appeal from the judgment, dated 10-5-2004 of the Lahore High Court, Lahore, in Criminal Appeal No.67-J of 1999)
ABDUL HAMEED DOGAR, MUHAMMAD NAWAZ ABBASI AND SAIYED SAEED ASHHAD, JJ
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Jail Petition No.218 of 2004, decision dated: 14-02-2006 (On appeal from the judgment, dated 10-5-2004 of the Lahore High Court, Lahore, in Criminal Appeal No.67-J of 1999)
ABDUL HAMEED DOGAR, MUHAMMAD NAWAZ ABBASI AND SAIYED SAEED ASHHAD, JJ
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MUHAMMAD AFZAAL
VS
THE STATE
Law:
Section:
Penal Code (XLV of 1860)-------Ss. 302, 324 & 337-F(ii)---Constitution of Pakistan (1973), Art.185(3)---No reason existed to interfere with concurrent findings of two Courts below with regard to guilt of accused---Eye-witness account furnished by witnesses, was found to be trustworthy by the Trial Court as well as by first appellate court---No inherent defect or material lacuna was found in the evidence of witnesses whose presence at the site, had been established beyond any shadow of doubt---Counsel for petitioner had conceded that conviction and sentence had been properly awarded---Leave to appeal was refused.Muhammad Zaman Bhatti, Advocate Supreme Court for Petitioner.Raja Saeed Akram, A.A.-G., Punjab for the State. Date of hearing: 14th February, 2006. ORDER ABDUL HAMEED DOGAR, J.--- Petitioner seeks leave to appeal against the judgment dated 10-5-2004 of a learned Division Bench of the Lahore High Court, Lahore, whereby Criminal Appeal No.67-J of 1999 was dismissed and the sentence of death awarded to him by the trial Court was maintained and compensation of Rs.50,000 to be paid to the legal heirs of the deceased or in default to undergo two years' R.I. was maintained. He was also convicted under sections 324/334-F(ii), P.P.C. and sentenced to three years' R.I. with compensation of Rs.20,000 to be paid to Mst. Naveed injured or in default to undergo one year's R.I. was also maintained. Murder Reference No.237 of 1999 seeking confirmation of sentence of death was answered in affirmative. (2). Briefly stated the facts of the case are that complainant Muhammad Younus (P.W.7) lodged F.I.R. alleging therein that two months prior to the occurrence Muhammad Latif deceased had married his daughter Mst. Asia with petitioner Muhammad Afzaal. 4/5 days prior to the occurrence due to strained relations Mst. Asia Bibi left the house of her husband and came to the house of her father. On 6-8-1994 at about 6-30 p.m. petitioner knocked the door of deceased who did not open the door, whereupon acquitted accused Muhammad Umar called the deceased for opening the door who was the friend of petitioner and he had effected compromise between the husband and wife earlier, as…
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