Chakar Alias Rafique S/O Muhammad Azim vs The State

Balochistan High Court · 2024 · Before Hon'ble Justice Gul Hassan Tareen

Through this judgment, we propose to dispose of this criminal appeal preferred by the appellant, Chakar alias Rafique under section 410, the Criminal Procedure Code, 1898 (‘Cr.P .C.’)against the judgment dated 18 January 2024 passed by the learned Sessions Judge, Usta Muhammad (‘Trial Court’), whereby appellant was convicted under sections 302(b), 324, 337-A, 337-F (iii) read with ss. 147 and 149, the Pakistan Penal Code, 1860 (‘P .P .C.’)in case FIR No. 21 dated 22 September 2023 registered at P .S.Saddar District Usta Muhammad and sentenced as under: - (i) life imprisonment as Tazir under section 302 (b) read with 149, the P .P .Cfor committing Qatl-e- amd of Safar Khan (deceased) and compensation of Rs.500,000/- to the legal heirs of deceased under section 544-A, the Cr.P .C. or in default thereof to further undergo six months’ (S.I); (ii) imprisonment for five years’ (R.I) as Tazir under section 324 P .P .Con five counts, for attempt to Crl Appeal No.(s) 09 of 2024. -2- Only for viewing purpose. Contact office for certified copy. commit Qatl-e-amd of Wali Muhammad, Nourez, Feroz, Achar and Muhammad Qasim (injured) and to pay fine of Rs.20,000/- to each injured or in default thereof to further undergo six months’ (S.I); (iii) imprisonment for two years’ (R.I) as Tazir under section 337-A, the P .P .Cand to pay Daman of Rs.30,000/- for causing hurt to Feroz or in default thereof, to be dealt with in accordance with section 337-Y ,the P .P .C; (iv) imprisonment for two years’ (R.I) as Tazir under section 337-A, the P .P .C.and to pay Daman of Rs.30,000/- for causing hurt to Wali Muhammad or in default thereof, to be dealt with in accordance with section 337-Y ,the P .P .C; (v) imprisonment for two years’ (R.I) as Tazir under section 337-F (iii), the P .P .C.and to pay Daman of Rs.30,000/- for causing hurt to Achar or in default thereof, to be dealt with in accordance with section 337-Y ,the P .P .C.; (vi) imprisonment for two years’ (R.I) as Tazir under section 337-F (iii), the P .P .C.and to pay Daman of Rs.30,000/- for causing hurt to Muhammad Qasim or in default thereof, to be dealt with in accordance with section 337-Y ,the P .P .C.; (vii) imprisonment for two years’ (R.I) as Tazir under section 337-F (iii), the P .P .C.and to pay Daman of Rs.30,000/- for causing hurt to Nourez or in default thereof, to be dealt with in accordance with section 337-Y ,the P .P .C.; (viii) imprisonment for six months’ (S.I) under section 147, the P .P .C.and to pay fine of Rs.2,000/- or in Crl Appeal No.(s) 09 of 2024. -3- Only for viewing purpose. Contact office for certified copy. default thereof, to further undergo one month’s (S.I); and (ix) imprisonment for six months’ (S.I) under section 148, the P .P .C.and to pay fine of Rs.2,000/- or in default thereof to further undergo one month’s (S.I). As sentences were ordered to run concurrently and benefit of section 382-B, the Cr.P .Cwas also extended to the appellant.

2. The prosecution case as contained in the report (Ex.P/2-A) recorded on the complaint of Wali Muhammad is that on the fateful day i.e. 22 September 2023 at 7:30 a.m., he along with his paternal uncl

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