GHULAM SARWAR vs KHUDA BUX Ss — 2022 YLR 1519 FEDERAL-SHARIAT-COURT

Case information

Citation: 2022 YLR 1519 FEDERAL-SHARIAT-COURT
Court: Federal Shariat Court
Year: 2022
Reporter: YLR
Parties: GHULAM SARWAR vs KHUDA BUX Ss
Subject matter: Criminal
Provisions referred to: S. 17

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

GHULAM SARWAR VS KHUDA BUX Ss. 302, 364, 337-F(i), 337-H(2), 506(2), 147, 148 & 149---Offences against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17(3)--- Qatl-i-amd, kidnapping or abduction in order to murder, ghayr-jaifah-damiyah, rash and negligent act, rioting, rioting armed with deadly weapon, unlawful assembly, haraabah---appreciation of evidence---appeal against acquittal---Ocular account and medical evidence---Contradictions---accused were charged for assaulting on the complainant party, kidnapping its one member and later on committing his murder--- Post-mortem of deceased showed that in all fourteen injures i.e. six entry wounds, six exit wounds, one abrasion and one burn wound were found on the person of deceased---Duration between the injuries and death was opined to be 10-20 minutes and the duration between the death and post-mortem was opined to be 24-48 hours---Deceased whose dead body was found, the post-mortem conducted on the same day at 11:30 a.m. would have sustained injuries either at 03:30 p.m. as claimed by witness---Claim of said witness that he had seen the accused making firing at deceased had been belied by the medical evidence---Circumstances established that the finding of acquittal, rendered by the Trial Court was neither arbitrary nor was capricious---appeal was dismissed accordingly.

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