REHMAT ALI vs State Ss — 2022 YLR 611 FEDERAL-SHARIAT-COURT

Case information

Citation: 2022 YLR 611 FEDERAL-SHARIAT-COURT
Court: Federal Shariat Court
Year: 2022
Reporter: YLR
Parties: REHMAT ALI vs State Ss
Subject matter: Criminal
Provisions referred to: S. 17---Q; S. 544; S. 544-

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

REHMAT ALI VS State Ss. 302, 109 & 34---Offences against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17---Qatl-i-amd, abetment, common intention, haraabah---appreciation of evidence---Sentence, reduction in---Recovery of incriminating material---Scope---accused were charged for snatching mobile phones, gold ornaments and cash from the house of the complainant, on resistance, one of the accused fired with pistol, which hit the brother of complainant who died---Evidence of recovery of incriminating firearm weapon, the empty recovered from the house of the deceased, the ballistic report suggested that.9mm bore crime empty was fired from the recovered .9mm bore pistol, which as per ballistic report was found in working condition and its fire hit the deceased---Such expert evidence had supported the evidence of eye-witnesses---Memos of recovery, identification parade and arrest brought on record had also supported the evidence of eye-witnesses who were natural witnesses---Circumstances established that the prosecution had proved its case against the accused beyond shadow of doubt---Trial Court while awarding sentence under S.544(a), Cr.P.C., in case of default of payment of compensation, had exceeded its jurisdiction by awarding two years' imprisonment, whereas the maximum period provided under S.544-a(2), Cr.P.C. was six months---Said period was modified with sentence of six months in case of non-realization of compensation amount---appeal was dismissed with said modification.

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