| Citation(s) |
|---|
| 2002 SLG 1102 2002 SLD 1102 2002 SCMR 105 |
Supreme Court of Pakistan
Criminal Appeal No.43 of 2001, decision dated: 18-09-2001.(On appeal from the judgment dated 16-1-1998 of Lahore High Court, Bahawalpur Bench passed in Criminal As. (SC) T Nos.22, 23 and 24 of 1997 and M. R. No. 13 of 1997)
NAZIM HUSSAIN SIDDIQUI AND, JAVED IQBAL, JJ
Sardar Muhammad Ghazi, Advocate Supreme Court for Appellants. Ch. Muhammad Akram, Advocate Supreme Court for the State.
Criminal Appeal No.43 of 2001, decision dated: 18-09-2001.(On appeal from the judgment dated 16-1-1998 of Lahore High Court, Bahawalpur Bench passed in Criminal As. (SC) T Nos.22, 23 and 24 of 1997 and M. R. No. 13 of 1997)
NAZIM HUSSAIN SIDDIQUI AND, JAVED IQBAL, JJ
Sardar Muhammad Ghazi, Advocate Supreme Court for Appellants. Ch. Muhammad Akram, Advocate Supreme Court for the State.
ANWAAR HUSSAIN and anotheR
VS
THE STATE
Law:
Section:
(a) Penal Code (XLV of 1860)----Ss. 302(b)/34 & 324/34---Criminal Procedure Code (V of 1898), S.544-A---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to accused by Supreme Court to examine the evidence led against him and also to determine the imprisonment to be suffered by him in default of payment or recovery of compensation under S. 544-A, Cr.P.C. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b)/34 & 324/34---Criminal Procedure Code (V 1 of 1898), Ss.544-A---Appraisal of evidence---Eye-witnesses including the complainant had categorically stated that the accused who was armed with a carbine had fired upon the deceased---Eye-witnesses were the inmates of the house and their presence on the spot was not challenged---Accused was nominated in the F.I.R.---Complainant party and accused persons were known to each other---Deceased had sustained several fire-arm injuries and the way he was fired at, it was immaterial that whose shot proved fatal---Accused' was equally responsible for the death of the deceased---Case against accused was neither of any mistaken identity nor of awarding lesser punishment to him--Conviction and sentence of accused were upheld accordingly---Accused in case of default in payment of compensation or recovery thereof, was, however, directed to suffer imprisonment for six months only as provided by S.544-A, Cr.P.C. JUDGMEINT NAZIM HUSSAIN SIDDIQUI, J.---This appeal by leave of this Court is directed against judgment, dated 16-1-1998 passed in Criminal Appeals Nos.22, 23 and 24 of 1997 and Murder Reference No. 13 of 1997, whereby the above appeals and said reference were disposed of in terms of the impugned judgment. 2. The occurrence took place in the night intervening between 30/31-8-1994 at about 3.00 am. in the house of Allah Ditta complainant situated in Mouza Jillani Tehsil Hasilpur, District Bahawalnagar. The report was made at Police Station Qaimpur on 31-8-1994 at about 8-00 a.m. 3. According to F.I.R., in the night of occurrence the complainant was sleeping in his house alongwith his children. At about 3-00 a.m. he woke up on hearing alarm and in the light of a lantern he had seen Bashir Ahmed,…
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