Taimoor Khan S/O Shah Muhammad and ors vs The State
Balochistan High Court · 2024 · Before Hon'ble Justice Iqbal Ahmed Kasi
The learned Additional Sessions Judge- IV ,Quetta (‘the trial Court’), vide judgment dated 13.05.2024 (‘the trial Court’) has convicted and sentenced the appellants Changaiz Khan son of Taj Muhammad, Taimoor Khan, Sikandar Khan both sons of Shah Muhammad, Fazal Muhammad son of Mir Shah Dad Khan and Bilal Ahmed son of Niaz Muhammad, under Section 302(b) of the Pakistan Penal Code, 1860 (‘PPC’) to death as ta’zir with direction to pay Rs.400,000/- (rupees four hundred thousand) each to the legal heirs of each deceased as compensation, envisaged under the provisions of Section 544-A, Cr.P .C.or in default thereof to further undergo period of six months. The appellants were further convicted under Section 324 PPC and sentenced to suffer imprisonment for a period of 06 (six) years and to pay a fien of Rs.50,000/- (rupees fifty thousand) each, to be paid to injured, or in default to further undergo a period of four months. They were further convicted for causing injures and liable to pay Daman Rs.30,000/- (rupees thirty thousand) each, to be paid to each injured, or in default they were ordered to be dealt with in accordance with the provisions of Section 337-Y PPC. Criminal Appeal No.153 & 156 of 2024 a/w Murder Reference No. 04 of 2024. 3 Only for viewing purpose. Contact office for certified copy.
2. The appellants preferred Criminal Appeal Nos.153 & 156 of 2024 for their acquittal, whereas, the trial Court has sent Murder Reference No.04 of 2024 for confirmation of sentences of death or otherwise.
3. Since common question of law and fact is involved and all the matter arising out of the same judgment of the trial Court, therefore, are being disposed of through this common judgment.
4. Briefly stated facts arising out of the instant appeals and murder reference are that FIR No.184 of 2006 (Ex.P/8A-A), dated 28.07.2006 was lodged on the report of complainant, Ghulam Nabi so nof Akhtar Muhammad, with Police Station, Saddar, Quetta, under Sections 302, 324, 147, 148, 149 PPC, with the averments that on the fateful day, he along with his sons Zahoor Ahmed, Munir Ahmed, Shabbir Ahmed and Mir Ahmed were present at their residence. At approximately 02:30 p.m. there was a knock on the main door, prompting him to step outside, where he encountered the accused individuals: Changaiz, Bilal Ahmed, Sikandar, Taimoor, Fazal, Imran Gul and 5-6 unidentified accomplices. The accused inquired about his sons and proceeded to assault him. As a result, a commotion ensued and his sons emerged from the house, subsequently, the accused Criminal Appeal No.153 & 156 of 2024 a/w Murder Reference No. 04 of 2024. 4 Only for viewing purpose. Contact office for certified copy. launched an attack using sticks and firearms, leading to bullet injuries sustained by Zahoor Ahmed, Munir Ahmed, Shabir Ahmed and Mir Ahmed. Tragically, Zahoor Ahmed and Munir Ahmed succumbed to their injures. The underlying cause of the incident stemmed from a recent dispute, as the sons of complainant had forbidden the accused individuals from visiting the residence of Ameer Badsha and from loitering in front of their house on the street, consequently, the FIR was lodged.
5. After registration of FIR, investigation was conducted and challan of the case was submitted before the trial Court.
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