Atta Muhammad alias Imam Bakhsh S/O Ghous Bakhsh vs The State Through Prosecutor General

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

Through this single judgment, we intend to decide Criminal Appeal No. (s) 136/2021 (Atta Muhammad v. The State) and Murder Reference No. 05/2021 submitted by the Trial Court under section 374, the Code of Criminal Procedure, 1898 (‘Code’) for confirmation or otherwise of death sentence awarded to the appellant, Atta Muhammad alias Imam Bakhsh, being originated from the same judgment dated 31 August, 2021 (‘impugned judgment’), passed by the learned Sessions Judge, Usta Muhammad (‘Trial Court’), in case FIR No. 138 dated 16 October, 2019, under section 302 (c) and 324, the Pakistan Penal Code, 1860 (‘PPC’), registered at P .S.City Usta Muhammad, for the murder of Imat Ali, whereby the appellant was convicted under section 302 (b), P .P .Cand sentenced to death with compensation of Rs.200,000/- to the legal Crl Appeal (s) 136 of 2021 etc -2- Only for viewing purpose. Contact office for certified copy. heirs of the deceased under section 544-A, the Code, in default to pay, to further undergo six months. Appellant was also convicted under section 324, the P .P .Cfor attempt to commit murder of Najma Bibi and sentenced to suffer five years imprisonment with fine of Rs.100,000/-, in default to pay, to further undergo one year (S.I).

2. The prosecution case as unfolded in the report (Ex-P/2- A),, lodged on the oral statement of complainant, V eenjhar,(PW-2) is that, ‘on 16 October, 2019, the complainant alongwith her son Munawar Ali, husband Imat Ali and mother in law, Zar Bakht was present at home. At 08:30 a.m, Atta Muhammad alias Imam Bakhsh, who was their neighbour, armed with shotgun came over there and loudly addressed her husband, that he is ‘siakar’ with his wife ‘Najma’ and by stating so, started firing at her husband. Her husband was fatally wounded; he fell on the ground and succumbed at the spot. The said went his house and caused firearm injuries to his wife Najma by making firing at her, with the shotgun and flee away from the scene of occurrence.’ On getting information of the incident, police came at the spot and taken over the dead body to the Civil Hospital, Usta Muhammad. As a result of the said report, FIR No. 138/2019 dated 16 October 2019 (Ex P/9-A), under the aforementioned offences was lodged. Crl Appeal (s) 136 of 2021 etc -3- Only for viewing purpose. Contact office for certified copy.

3. Muhammad Ali S.I/Investigation Officer (PW-9) on his spot inspection had taken the blood stained earth of the deceased and secured three empty shells from the venue and made into separate sealed parcels 1 and 2. From the house of appellant, the blood stained earth of the injured was taken and secured, two empty shells and both were made into separate sealed parcels 3 and 4. Statements of witnesses of the recovery memos and eyewitnesses were recorded. On same day, appellant along with shotgun was apprehended. The shotgun was seized vide recovery memo and made into the sealed parcel 5. The last garments of deceased were seized vide recovery memo and made into sealed parcel 6. The garments of injured were seized vide recovery memo and made into sealed parcel 7. He procured Ballistic expert report and Serologist report. After completion of investigation, the I.O prepared crime report and sent to the Trial Court.

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