| Citation(s) |
|---|
| 2010 SLG 2847 2010 SLD 2847 2010 SCMR 1579 |
Supreme Court of Pakistan
Criminal Appeal No.217 of 2009, decision dated: 28-05-2010
MIAN SHAKIRULLAH, JAN, MAHMOOD AKHTAR SHAHID SIDDIQUI AND MIAN SAQIB NISAR, JJ
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Criminal Appeal No.217 of 2009, decision dated: 28-05-2010
MIAN SHAKIRULLAH, JAN, MAHMOOD AKHTAR SHAHID SIDDIQUI AND MIAN SAQIB NISAR, JJ
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GHULAM RASOOL
VS
. THE STATE
Law:
Section:
(a) Penal Code (XLV of 1860)-------Ss. 302(b) & 324---Constitution of Pakistan (1973), Art. 185(3)---Qatl-e-amd and attempt to commit qatl-e-amd---Leave to appeal was granted by Supreme Court to accused to scrutinize the evidence in the light of the contentions that the venue of the occurrence was different from the one found during investigation, that the dead body was lying in the room while blood stained earth was taken from the courtyard; that there was a delay of 26 hours in conducting the postmortem examination of the deceased and that the F.I.R. had been registered after due deliberation and consultation to falsely implicate the accused. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 324---Qatl-e-amd and attempt to commit qatl-e-amd---Appraisal of evidence---F.I.R. had been registered without any delay within one and a half hours of the occurrence---Complainant and the injured eye-witness of the occurrence were the natural witnesses of the incident, who had unequivocally deposed against the accused---Blood had been collected from the courtyard and also from the room---Ocular testimony was corroborated by the Forensic Science Laboratory Report, post mortem and medical reports---Guilt of accused had been conclusively established beyond doubt---Appeal was dismissed in circumstances. Muhammad Zaman, Advocate Supreme Court for Appellant. Syed Ali Imran Shah, Deputy Prosecutor-General, Punjab for the State. Date of hearing: 28th May, 2010. JUDGMENT MIAN SAQIB NISAR, J---The appellant being an accused of committing murder of Mst. Shazia and injuring Mst. Bushra was booked through F.I.R. No.115 dated 3-3-2000 got registered by Muhammad Yaqoob, the brother-in-law of the deceased; after the trial he has been convicted and sentenced by the trial Court vide judgment dated 11-6-2002 under Section 302 (b), P.P.C. to death and pay Rs.100,000 as compensation to the legal heirs of the deceased under section 544-A Cr.P.C. or in default thereof to further undergo six months' S.I. and under section 324, P: P. C. five years' Rigorous Imprisonment for launching murderous attack on the person of Mst. Bushra P.W. and a fine of Rs.10,000 or in default thereof to…
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