2019 LHC 3525 Revision Against Section 302(b) PPC

2019 LHC 3525: FAROOQ HAIDER, J.:- This single judgment shall decide Criminal Appeal No.458/2017 and Criminal Revision No.278/2017. Through the aforementioned Criminal Appeal No.458/2017 Ghulam Mohy-ud Din (appellant) has assailed the judgment dated 28.01.2017 passed by learned Additional Sessions Judge, Faisalabad, whereby he has been convicted under Section 302(b) PPC and sentenced to “Imprisonment for Life” as Taz’ir for committing qatl-e-amd of Qamar Sohail (deceased) alongwith payment of compensation of Rs.4,00,000/- to the legal heirs of the deceased under Section 544-A Cr.P.C. and in case of default thereof to further undergo S.I. for six months with benefit of Section 382-B Cr.P.C.; whereas through Criminal Revision No.278/2017, Ruqia Rukhsar (complainant) has sought enhancement of aforementioned sentence awarded to and amount of compensation imposed upon Ghulam Mohy-ud Din (convict) by the trial court.

Brief facts, as per written application (Ex.PG) submitted by Ruqia Rukhsar complainant to Habib Ullah, A.S.I. at Fareed Chowk on 11.10.2014 at about 06:55 a.m. are that she is resident of House Criminal Appeal No. 458 of 2017 & Criminal Revision No. 278 of 2017 No.2015, Street No.16, Bazar No.3, Raza Abad and household lady; she was married with Qamar Sohail and out of said wedlock, four sons were born; her husband Qamar Sohail used to work in State Life Insurance Company and on 10.10.2014 at about 04:00 p.m. he, after informing her and his maternal uncle/ماموں ,left the house on Pak Hero motorcycle bearing registration No.4121/FDQ in order to meet his friend having mobile phone with SIM No.0345-7692617 and 0300-7682837; after lapse of considerable time when he did not return back, they became worried and at about 06:45 P.M. complainant established contact through phone having SIM No.0302-9565780 with Qamar Sohail, who told that he is not feeling well and is at Ghulam Muhammad Abad and would return shortly but he did not come whole the night; the complainant kept calling him on mobile phone but he did not attend the same; on 11.10.2014 at about 06:00 a.m. it was learnt that a dead body is lying in Kaleem Shaheed Park whereupon the complainant alongwith Abdul Razzaq and Abdul Sattar reached at the stated place and found
dead body of Qamar Sohail having injuries on his neck and abdomen there. It has been alleged in the application by complainant that her husband was having ATM, identity card and necessary documents in his purse and same are missing: unknown accused persons committed murder of Qamar Sohail. On the basis of said application, case vide FIR No.644 dated 11.10.2014 was registered under Section 302 PPC at Police Station Raza Abad, Faisalabad. Download Judgment

Ch Muhammad Shahid Bhalli Advocate

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