Case Details

Citation(s)
2010 SLG 2864 2010 SLD 2864 2010 SCMR 1733
Supreme Court of Pakistan
Jail Petition No. 81 of 2009, decided 10-11-2009
MIAN SHAKIRULLAH, JAN AND RAJA FAYYAZ AHMED, JJ

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PERVAIZ AHMED alias PEEJA

VS

. THE STATE

Law:

Section:

Penal Code (XLV of 1860)-------S. 302(b)---Constitution of Pakistan (1973), Art. 185(3)---Qatl-e-¬amd---Case was of triple murder---Accused had been given effective role of firing at the three deceased---Ocular version had furnished sufficient evidence to bring home guilt to the accused---Complainant party had no blood feud enmity to provide a ground for creating a doubt in the statements of eye-witnesses or for false implication of accused---Accused had the motive to commit the crime---Concurrent finding of the two courts below did not warrant any interference by Supreme Court---Leave to appeal was refused to accused in circumstances. M. Zaman Bhatti, Advocate Supreme Court for Petitioner. M. Siddique Khan Baloch, Deputy Prosecutor-General for the State. Date of hearing: 10th November, 2009. JUDGMENT MIAN SHAKIRULLAH JAN, J.---The petitioner, who was charged for triple murder and was convicted and awarded death sentence on three counts, is seeking leave to appeal through the instant petition against the aforesaid convictions and sentences awarded by the trial Court and which were confirmed by the High Court. 2. The brief facts of the case, as given in para-3 of the impugned judgment of the High Court, are as follows:-- "3. The brief facts of the case, as narrated in the F.I.R. (Ex.PA/1) lodged by Arshad Ali, the complainant (P.W.1) on 13-3-1997, are that on 13-3-1997 the complainant, his father Muhammad Faazal and his brother Abdul Qayyum (P.W.2) were cutting crop in their field. At about 5-00 p.m., Pervaiz Ahmad alias. Peeja, appellant, armed with G-3 rifle accompanied by two unknown persons armed with Kalashanikovs as well as Muhammad Arif, brother of the complainant, reached the Dera of the complainant. Mst. Naziran Bibi deceased, the mother of the complainant, also followed the appellant and others. Pervaiz appellant directed all of them to sit down. He stated that since his friend and companion Ghulam Rasool had been killed on information provided by the complainant party and also on account of refusal of the complainant to give in marriage the hand of his sister Mst. Iqbal Bibi to the appellant, he would teach them a lesson. Immediately thereafter the…
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