موت جي ڪيس م فاسي نارمل سزا آهي جي ڏوه ثابت ٿيي ٿو ته.
Death penalty normally awarded in murder case.
Death penalty normally awarded in murder case.
(a) Penal Code (XLV of 1860)---
----Ss. 302, 324, 34 & 109---Qatl-i-amd, attempt to commit qatl-i-amd, common intention, abetment--- Reappraisal of evidence--- Death sentence, confirmation of---Cold-blooded murder---Promptly lodged FIR with specific role of firing assigned to accused---Day time occurrence---Medical evidence corroborated ocular account given by eye-witnesses--- Weapon recovered from accused matched crime empties recovered from the scene of occurrence---Presence of eye-witnesses at the scene of occurrence was natural as they resided near the place of occurrence---Site plan showed there was no obstacle between the eyes-witnesses and accused, thus, no possibility existed of accused not being properly identified---Appeal was dismissed accordingly and death sentence awarded to accused was confirmed.
----Ss. 302, 324, 34 & 109---Qatl-i-amd, attempt to commit qatl-i-amd, common intention, abetment--- Reappraisal of evidence--- Death sentence, confirmation of---Cold-blooded murder---Promptly lodged FIR with specific role of firing assigned to accused---Day time occurrence---Medical evidence corroborated ocular account given by eye-witnesses--- Weapon recovered from accused matched crime empties recovered from the scene of occurrence---Presence of eye-witnesses at the scene of occurrence was natural as they resided near the place of occurrence---Site plan showed there was no obstacle between the eyes-witnesses and accused, thus, no possibility existed of accused not being properly identified---Appeal was dismissed accordingly and death sentence awarded to accused was confirmed.
Ata Muhammad and another v. The State 1995 SCMR 599 and Sarfraz alias Sappi and 2 others v. State PLD 2000 SC 1505 distinguished.
(b) Penal Code (XLV of 1860)---
----S. 302---Qatl-i-amd---Reappraisal of evidence---Brother of deceased as eye-witness of the occurrence---Evidence of such eye-witness, reliance on---Scope---Evidence of eye-witness (brother of deceased) corroborated by recovery and medical evidence, and also matching evidence of other independent eye-witness---Eye-witness account given by deceased's brother could be safely relied upon in such circumstances.
(c) Penal Code (XLV of 1860)---
----S. 302--- Qatl-i-amd--- Death sentence, award of--- Mitigating circumstances for reducing death sentence to life imprisonment---Lengthy incarceration of a convict as a condemned prisoner on its own was not a ground for seeking mitigation for reducing death sentence to life imprisonment.
2016 S C M R 958
[Supreme Court of Pakistan]
[Supreme Court of Pakistan]
Present: Ijaz Ahmed Chaudhry, Gulzar Ahmed and Iqbal Hameedur Rahman, JJ
MUHAMMAD MANSHA---Appellant
Versus
The STATE---Respondent
Versus
The STATE---Respondent
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