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2007 SCMR 1819

FATEH MUHAMMAD vs THE STATE

Citation2007 SCMR 1819
CourtSupreme Court of Pakistan
Case No.Jail Petition No,458 of 2004
Date2006-02-02
Judge(s)Iftikhar Muhammad Chaudhry, Abdul Hameed Dogar, Shakirullah Jan
ResultPetition dismissed

ORDER

' IFTIKHAR MUHAMMAD CHAUDHRY, C.J.--- stant petition has been filed against the judgment dated 30th October, 2004 passed by the Balochistan High Court Sibi Bench whereby appeal filed by the petitioner has been dismissed as a result whereof judgment dated 25th September, 2002 passed by the Anti-Terrorism Court, Turbat, awarding conviction/sentence to the petitioner under section 302(b), P.P.C. Read with section 7(a) of A.T.A., 1997, R.I. For life with payment of compensation of Rs,1,50,000 to the L.Rs, of the deceased, was maintained. Stated allegation against the petitioner is that he committed the offence of murder of his wife with a pistol in presence of two witnesses i,e, Ali Hassan (P.W.3) and Mehr (P.W.4). After the registration of F.I.R., one crime-empty and a pistol, used for the commission of offence, recovered from the possession of the accused, were sent to Forensic Science Laboratory, report of which was received in positive as such on completion of trial petitioner was found guilty for the commission of offence. Learned High Court on having examined the case thoroughly concurred with the judgment of learned trial Court, however, observed that petitioner is entitled for the benefit of section 382-B, Cr.P.C.

2. Mr. Tariq Bilal, Advocate Supreme Court appeared on behalf of the State. With the assistance of learned counsel we have gone through the impugned judgment, statements of eye-witnesses and other material available on record. Since both the eye-witnesses have involved the petitioner in the commission of offence and their statements get fully corroborated with the medical evidence, therefore, we are of the opinion that petitioner has rightly been found guilty for the commission of offence, as such no interference is called for in the impugned judgment.

' Petition is dismissed and leave declined.

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