Abdul Basit S/O Faizullah vs The State Through

Balochistan High Court · 2022 · Before Hon'ble Justice Sardar Ahmed Haleemi

Appeal No(T).54 of 2021 has been filed on behalf of Abdul Basit son of Faizullah and Altaf Raja son of Mazar respectively (the appellants) against the judgment dated 08.04.2021 (hereinafter “the impugned Judgment”) passed by the learned Sessions Judge Mekran at Turbat (hereinafter “the trial Court”), whereby co- accused Saifullah son of Munir Ahmed and Sameer son of Sabzal were acquitted and the appellants were convicted and sentenced in the following manners:- “The appellant Abdul Basit son of Faizullah is convicted under Section 302 (b), 34 PPC as Ta’zir for committing murder of deceased Malik Naz wife of Hamid and sentenced to death with fine of Rs.5,00,000/- (Rupees Five Lacs Only) to the legal heirs of deceased as envisaged under Section 544-A Cr .P .C,in default whereof to further undergo for six (06) months SI. The accused Altaf Raja son of Mazar is convicted under Section 302 (b), 34 PPC as Ta’zir for committing murder of deceased Malik Naz wife of Hamid with common intention and sentenced to imprisonment for life. The convict is directed to pay compensation of Rs.5,00,000/- (Rupees Five Lacs Only) to the legal heirs of deceased as Criminal Appeal No(T).42 of 2021, Murder Ref No(T).03 of 2021 & Crl. Appeal No(T).54 of 2021 3 Only for viewing purpose. Contact office for certified copy. envisaged under Section 544-A Cr .P .C,in default whereof to further undergo for six (06) months SI. Both the accused Abdul Basit son of Faizullah and Altaf Raja son of Mazar are further convicted under Section 397, 34 PPC and sentenced to ten (10) years RI each with fine of Rs.30,000/- (Rupees Thirty Thousand Only) each or in default of payment of fine, each of them shall further suffer SI for thirty (30) days. Both the accused Abdul Basit son of Faizullah and Altaf Raja son of Mazar are further convicted under Section 457, 34 PPC and sentenced to ten (10) years RI each with fine of Rs.30,000/- (Rupees Thirty Thousand Only) each or in default of payment of fine, each of them shall further suffer SI for thirty (30) days. All the sentences of imprisonment shall run concurrently and the benefit of section 382-B Cr .P .C,is extended in favour of both the accused persons. While Murder Reference No.03/2021 has been transmitted by the trial Court for confirmation of the death sentence of appellant Abdul Basit or otherwise as envisaged under Sections 374 Cr.P .C.

2. The prosecution story, in brief, is that on 26th May 2020 at 10:30 a.m, the complainant Jasim son of Ameer registered an FIR No.107/2020 at Police Station City Turbat under sections 302, 397, 457, 34 PPC to the effect that he is resident of Dannuk Turbat and a shopkeeper by profession; in the preceding night, he and his family Criminal Appeal No(T).42 of 2021, Murder Ref No(T).03 of 2021 & Crl. Appeal No(T).54 of 2021 4 Only for viewing purpose. Contact office for certified copy.

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