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PLJ 2020 SC (Cr.C.) 151

Munir Hussain and another vs State and others

CitationPLJ 2020 SC (Cr.C.) 151
CourtSupreme Court of Pakistan
Case No.J.P.No. 461 of 2013 and Crl.P.No. 1364-L of 2013
Date2020-03-05
Judge(s)Qazi Muhammad Amin Ahmed, Maqbool Baqar
ResultLeave granted

ORDER

1. Qazi Muhammad Amin Ahmed, J.--Munir Hussain, petitioner was indicted alongside his brother Riaz Ahmed, since acquitted, for committing Qatl-i-Amd of Abdul Razzaq, deceased, 44, at 9:30 a.m. on 3.11.2008 within the precincts of Police Station City Mianwali; deceased was on a motorbike followed by the witnesses when the accused confronted him near saw machine of Haji Muhammad Din. Petitioner is attributed consecutive shots; autopsy report confirmed five entry wounds with their corresponding exits besides two lacerated wounds of substantial dimensions on deceased's organ of generation. Prior to the occurrence, the local police had raided the accused and as per crime report the accu sed suspected the deceased behind the episode, cited as motive for the crime. Trial culminated into conviction with penalty of death. Complainant question ed co-accused's acquittal while the convict disputed his conviction; the High Court dismissed appeal against acquittal while altered the penalty of death into imprisonment for life vide impugned judgment dated 7.10.2013, vires whereof are being assailed by the both sides. It is argued that given the deceased's position, riding on a motorbike, confronted by the petitioner , as per prosecution's own case, from his right flank, there was no occasion for the deceased to receive five shots on his back; injuries on organ of generation have been referred to canvass an hypothesis, incompatible with the crime report besides prosecution's failure qua the co-accused. Learned counsel for the complainant contends that without active participation/support of Riaz Ahmed respondent/co-accused, it was simply not possible for the convict to gun down the deceased and, thus, there was no occasion for the courts below to issue him a clean chit; he further argued that both the accused equally shared the motive. Magnitude of violence has been highlighted to argue that penalty of death is an appropriate wage in circumstances. Leave is granted to the both sides to examine the above contentions.

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