2019 LHC 3203 Crl. Appeal Against Conviction

2019 LHC 3203: Ch. Abdul Aziz, J. Shabbir Ahmad and Muhammad Javed (appellants) involved in case FIR No.98/2014 dated 08.04.2014 registered under sections 302,324,337-A (i),337-F (i) & 34 PPC at Police Station Shehar Farid, Tehsil Chishtian, were tried by learned Additional Sessions Judge, Chishtian. The learned trial court vide Judgment dated 30.03.2016 proceeded to convict and sentence both the appellants in the following terms:-Shabbir Ahmad (appellant) Under section 302 (b) PPC to suffer death sentence for committing Qatl-i-amd of Safarish Ali. He was also directed to pay compensation of Rs.200,000/- under section 544-A, Cr.P.C. to the legal heirs of the deceased and in default whereof to undergo SI for six months.

Muhammad Javed (appellant) Under section 324 PPC to suffer rigorous imprisonment for 10-years with fine of Rs.50,000/- and in default whereof to further undergo three months SI. He was also directed to pay Rs.20,000/- as compensation to Muhammad Ali injured under section 544-A, Cr.P.C. and in case of non-payment he was directed to further Criminal Appeal No.165 of 2016/BWP
(Shabbir Ahmad v. The State & another), Criminal Appeal No.176 of 2016/BWP (Muhammad Javed v. The State & another) &
Murder Reference No.24 of 2016/BWP (The State v. Shabbir Ahmad) undergo three months SI. Benefit of section 382-B, Cr.P.C. was also extended in favour of Shabbir Ahmad (appellant). Challenging their conviction and sentence, Shabbir Ahmad and
Muhammad Javed (appellants) filed Criminal Appeal No.165 of 2016/BWP and Criminal Appeal No.176 of 2016/BWP respectively,
whereas trial court sent reference under section 374, Cr.P.C. which was numbered as Murder Reference No.24 of 2016/BWP, for the
confirmation or otherwise of death sentence of Shabbir Ahmad (convict). All these matters are being disposed of through this single judgment.

In brief, the case of prosecution as unveiled by complainant Muhammad Ali (PW.1) in FIR (Exh.PA/1) is to the effect that on 08.04.2014 at about 3:15 a.m., he was present in his house; that upon noticing barking of dogs he came outside and saw two persons coming on a motorcycle along with a goat; that while finding them suspicious, Download Judgment

Ch Muhammad Shahid Bhalli Advocate

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