section 302 pakistan penal code

14. For three months after the occurrence, the case was investigated by a police officer who never entered the witness box and there is no explanation on behalf of the prosecution in this regard. Killing someone regardless of any motive is a big crime. Found inside – Page 44... District Sukkur , under section 402 , Pakistan Penal Code ; ( iii ) Case No. ... under sections 302/34 , Pakistan Penal Code ; ( iv ) Case No. His identification and the recovery of the crime weapon buried in the ground only 100 meters away from the crime scene does not appeal to a prudent mind nor proved through reliable evidence brought on record. The accused escaped from the house and the Deceased along with other injured were taken to the Poly Clinic Hospital, Islamabad (hereinafter referred to as the “Hospital”) in one of the neighbour’s cars. Found inside – Page 162... provincial government to take steps to prevent honor killings and to consider such killings acts of murder under Section 302 of the Pakistan Penal Code. Found inside – Page 72Pakistan , High Court of Lahore . ... then in undivided India , under Section 302 , Indian Penal Code , three of them having been sentenced to death and two ... SECTION 307.PAKISTAN PENAL CODE Cases in which Qisas for qatl-i-amd shall not be enforced:(1) Qisas for qatl-i-amd shall not be enforced in the following cases, namely:--(a) when the offender dies before the enforcement of qisas;(b) when any wali voluntarily and without duress, to the satisfaction of the Court, waives the right of qisas under Section 309 or compounds under Section 310 and(c) when the right of qisas devolves on the offender as a result of the death of the wali of the victim, or on, the person who has no right of qisas against the offender. In all of this, more violence was demanded. The facts, in brief, are that pursuant to written complaint “Exh.PA” a criminal case, 5. اگر آپکے کیس میں پولیسی تفتیشی حقائق کے برعکس تفتیش کر رہا ہے تو کوئی پارٹی چاہے وہ مدعی ہو یا چاہے ملزم تبدیلی تفتیشی آفیسر کی درخواست دے سکتا ہے. The convicts were awarded death sentence on six counts under Section 302 Pakistan Penal Code, six counts under Section 7 of the Anti-Terrorism Act and another six counts under Section 3 of the Explosive Substance Act 1908. The court has also urged that the . who are ordinarily laymen to law and their capability of Law making is solely The Indian Penal Code (IPC) is the official criminal code of India.It is a comprehensive code intended to cover all substantive aspects of criminal law.The code was drafted on the recommendations of first law commission of India established in 1834 under the Charter Act of 1833 under the Chairmanship of Lord Thomas Babington Macaulay. injustice and delay in the proceedings. The depositions of the witnesses, particularly “PW-12” and “PW-13”, do not Corroborate with the scaled site-plan, “Exh.PF”, prepared by the draftsman, namely Aamir Shahzad, “PW-10”. The complainant, namely Ghazi Khan, entered the witness box as PW-1, but did not mention the number of persons who were involved in the commission of the offence. Share. In the facts and circumstances there was a heavy burden required to be discharged by the two distinct investigators of the crime to demonstrate, through gathering unimpeachable and trustworthy evidence, the certainty of guilt of the appellants. victim who may compound, although it can be with the perrni,;;sion of the Found inside – Page 234... under sections 302/34 Pakistan Penal Code ( P.P.C. ) [ Section 302 establishes the penalty for murder . Section 34 establishes equal responsibility for ... law is section 302, P.P.C. An FIR was registered under Section 302 of the Pakistan Penal Code for the death of Habib Tehsin, 12, at Jamia Amina Zia ul Banat on August 10. In Pakistan punishment of murder comes under section 302 of Pakistan Penal code. Clause (b) of this section provides for a sentence On 13-12-2013 an identification parade was conducted and the complainant, namely Ghazi Khan, PW-1, is shown in the record as having identified him. The investigations were transferred and entrusted to Mansoor Ahmed, SI, 11. عدالتِ عظمیٰ نے یہ فیصلہ سیکریٹری یونین کونسل جمشید ٹاؤن کراچی کی درخواستِ ضمانت پر جاری کیا۔سپریم کورٹ نے اپنے فیصلے میں کہا ہے کہ بے گناہوں کو گرفتاری سے بچانے کے لیے عدالتی فیصلے میں خصوصی گنجائش پیدا کی گئی، اس خصوصی گنجائش کا مقصد بے گناہ افراد کی تذلیل روکنا تھا۔عدالت نے فیصلے میں کہا کہ ضمانت قبل از گرفتاری خصوصی رعایت ہے جو ہر ملزم کو نہیں مل سکتی، ملزم کو گرفتاری سے بچانے کے نتائج دور رس ہو سکتے ہیں۔ فیصلے میں سپریم کورٹ نے کہا کہ ملزمان کی عدم گرفتاری سے شواہد ضائع بھی ہو سکتے ہیں، بادی النظر میں شواہد موجود ہوں تو ضمانت قبل از گرفتاری نہیں ہو سکتی۔ Grant of bail to an accused required in a cognizable and non-bail offence prior to his arrest is an extraordinary judicial intervention in an ongoing or imminent investigative process. The deposition of the complainant as PW-1 also suggests that it was not probable that he had the opportunity to see the accused, that too when it was almost dark and no source of light has been disclosed in the evidence. (2) To satisfy itself that the wali has waived the right of qisas under Section 309 or compounded the right of qisas under Section 310 voluntarily and without duress the Court shall take down the statement of the wali and such other persons as it may deem necessary on oath and record an opinion that it is satisfied that the Waiver or, as the case may be, the composition, was voluntary and not the result of any duress. Police registered a first information report (FIR) later the same day against the suspect, who was arrested from the crime scene, under Section 302 (premeditated murder) of the Pakistan Penal Code . the evidence brought on record is the basis for holding an Investigating Officer accountable. (2) The provisions of sub-section (1) shall, mutatis, mutandis, apply to a hurt liable to qisas. Clause (1) of Article 17 of Qanun-e-Shahadat This Act shall be called the Indian Penal Code, and shall 1[extend to the whole of India 2[except the State of Jammu and Kashmir].] The testimony of Mansoor Ahmed, SI, PW-13, is not trustworthy at all nor is it corroborated by any other evidence. 1 was arrested. Found inside – Page 13... to Section 302 (1), Section 304, and Section 306, to 308 of Pakistan Penal Code, the Courts held that “this intentional murder was not liable to qisas. or (c) have no justification for making them compoundable, for absence of right In a democracy, ironically, laws are made by those The Agency submitted its report, dated 04-03-2013, “Exh.PM”, confirming that the blood on the cotton wool was human. 1 was identified by Arshad Mehmood and his daughter Miss Andleeb Arshad during an identification parade conducted in the presence of Mr Waqas Rasheed, Assistant Commissioner, “PW-11”. Punishment 193 of 2016, titled “Syed Naseer Ahmed Hashmi v. The State” and also answer Murder Reference No. The arrest of both the appellants is shrouded in mystery. The FIR Ex.PA/1, was registered under Section 302 read with Section 459 of the, PPC. 5. According to details, Shaukat Mukadam stated that he had gone to Rawalpindi on July 19 to buy a goat for Eidul Azha, while his wife had gone out to pick up clothes from her tailor. Wali:In case of qatl, the wali shall be--(a) the heirs of the victim, according to his personal law 115[but shall not include the accused or the convict in case of qatl-i-amd if committed in the name or on the pretext of honour] 115; and(b) the Government, if there is no heir. Punished with death or imprisonment for life as tazir having regard to the facts and circumstances of the case, if the proof in either of the forms specified in section 304 is not available. It came into force in British India during the early . Atta Ullah Hakim Kundi and Mohammad Sadiq Khan Advocates for Appellant. limits the requirement to the Holy Qur'an and Sunnah and there is nothing in 687 dated 10.09.2008, under Section 302/34 of the Pakistan Penal Code, 1860, registered at Police Station Hujra Shah Moqeem, District Okara, at the instance of Muhammad Ramzan, complainant, faced trial for committing . A first information report (FIR) was registered later on the same day against Jaffer, who was arrested from the scene, under Section 302 (premeditated murder) of the Pakistan Penal Code on the . Their testimonies are not consistent with that of the complainant and the medical evidence. be seen that the categorization of punishment in section 302, P.P.C. Defective and badly drafted laws are always source of Their testimonies are not consistent with that of the complainant and the medical evidence. The learned Counsels arguing on behalf of the appellants have contended that; the prosecution could not prove the case against both the appellants beyond a reasonable doubt; the arrest of Appellant No. The case of Appellant No. Moreover, whole of the section 302, P.P.C. required to prose Qatl-e-Amd liable to Qisas, it shall be the evidence as The Pakistan Penal Code usually called PPC (Urdu: مجموعہ تعزیرات پاکستان‬‎, Majmū'ah-yi ta'zīrāt-i Pākistān) is a penal code for all offences charged in the Pakistan. Mumtaz Qadri, a former commando of the Punjab Police's Elite Force, was sentenced to death by the trial court under Section 7(a) of the Anti-Terrorism Act (ATA) and under Section 302(b) of the Pakistan Penal Code (PPC) for killing the former Punjab governor in Islamabad's Kohsar Market on January 4, 2011. on 08-11-2012. Cr.P.C. 1 by Arshad Mehmud and his daughter is also not confidence inspiring. 1 is shrouded in mystery; Appellant No. His daughters Andaleeb Arshad and Tehmina Arshad also testified as witnesses and entered the witness box as PWs 7 and 8 respectively. Illustrations(i) A kills Z, the maternal uncle of his son B. A first information report (FIR) was registered later on the same day against Jaffer, who was arrested from the scene, under Section 302 (premeditated murder) of the Pakistan Penal Code on the . Mohammad Akbar, SI, PW-12 had unequivocally stated during cross-examination that the complainant, namely Ghazi Khan, PW-1, had refused to attend the identification proceedings because Appellant No. Z has no heir except A. Therefore, the qisas cannot be enforced. 1 had disclosed names of other co-accused as well. The complainant, in his written complaint, Ex PA, had asserted that the fire-arm shots were fired as soon as he and the Deceased had entered the house of Arshad Mehmud. Later, police also arrested Jaffer's parents and house servants on suspicion of complicity in the crime and the hiding of evidence. Found inside – Page 511In 2004, Pakistan enacted the Criminal Law (Amendment) Act of 2004. The law criminalized honor killing and increased its penalties. Section 302 ... The Pakistan Penal Code (Urdu: مجموعہ تعزیرات پاکستان ‎; Majmū'ah-yi ta'zīrāt-i Pākistān), abbreviated as PPC, is a penal code for all offences charged in Pakistan.It was originally prepared by Lord Macaulay with a great consultation in 1860 on the behalf of the Government of India as the Indian Penal Code.After the independence in 1947, Pakistan inherited the same . It was, therefore, dark or in other words there wasn’t sufficient light and thus it was a case requiring identification of the source of light. in all other cases, the Court may accept or act on the testimony of one man or 34 It shall be beneficial to scrutinize few provisions of the Federal Investigation Agency Act, 1974 (hereinafter Act of 1974). Noor, 27, was found murdered at a residence in Islamabad's Sector F-7/4 on July 20. 9. 08 of 2016, titled “The State v. Noor Hassan alias Noora and Syed Naseer Ahmed Hashmi”. 2 was represented by Mr Muhammad Sadiq Khan, Advocate High Court. 2, namely Syed Naseer Ahmed Hashmi, was arrested. تبدیلی تفتیشی افسر کے لیے متاثرہ پارٹی اپنے متعلقہ ضلعی پولیس دفتر میں درخواست دے گا ڈی پی او صاحب کو اور اگر کیس شہری حدود میں ہے تو متعلقہ سی پی او یا ایس ایس پی کو درخواست دے گا. According to Mohammad Akbar, SI the recovery was led by Appellant No. 1 was arrested. In the criminal justice system, investigation has the most crucial status because it is the foundation for ensuring that the actual perpetrators of a crime are prosecuted and sentenced after proving their guilt with certainty. There was no mention of the number of persons involved in the commission of the offence. If not, the offence is compoundable and the killer will be freed. According to the police, the suspect had slit the throat of the girl with sharp-edged weapon after being shot at. Found inside – Page iExamining the sentencing policies of Bangladesh, Criminal Sentencing in Bangladesh calls for going beyond the universal, asocial and apolitical formulations as proclaimed in mainstream sentencing literature in order to decipher the ... SECTION 302.PAKISTAN PENAL CODE Punishment of qatl-i-amd:Whoever commits qatl-e-amd shall, subject to the provisions of this Chapter be:(a) punished with dea. 8. It stated that the family received a call late night on August 13 that an ambulance had been parked outside Lehri's house. Malik Awais Haider, State Counsel for Respondent. 302, 310. There is nothing on record to ascertain under what circumstances or in connection with which case he was arrested. The Pakistan Penal Code usually called PPC (Urdu: مجموعہ تعزیرات پاکستان‬‎, Majmū'ah-yi ta'zīrāt-i Pākistān) is a penal code for all offences charged in the Pakistan. Section 376 of the Penal Code says the punishment for rape is also death - or a minimum sentence of ten years imprisonment depending on the severity of the act. proof required for Qisas. There is nothing on record to show the connection of the two appellants. The FIR Ex.PA/1, was registered under Section 302 read with Section 459 of the, PPC. درخواست کے اندر متاثرہ پارٹی بتائے گی کے تفتیشی افسر صیح تفتیش نہیں کر رہا آپکی مخالف پارٹی سے مل گیا ہے اور حقائق کے برعکس ا. PLD 2020 Lahore 394. 10 of 1984). Appellants herein were tried before trial court for committing murder of a minor. Present shape of the section is as under: Section 302. 2, namely Syed Naseer Ahmed Hashmi, stated to be a resident of North Waziristan Agency, further raises doubts regarding the prosecution story. Penal Code, 1860 (IPC) - Sections 302, 363, 364, 364-A and . The weapon was buried in the ground according to the deposition of the latter. The case in hand appears to highlight the serious flaws of police investigators. After the two countries separated in 1947, Pakistan inherited the . Appeal No. 306. witnesses to prove a murder for Qisas has neither been prescribed in the Holy evidence and, thus for proof of Qatl-e-Amd under section 304, P.P.C., any sort On 07-11-2012, two sealed parcels containing empties and blood stained cotton wool, respectively, were handed over to Sikandar Ali “PW-3” for being delivered at the Punjab Forensic Science Agency. A. The latter is stated to be a citizen of the Islamic Republic of Afghanistan. 8. The learned Counsels arguing on behalf of the appellants have contended that; the prosecution could not prove the case against both the appellants beyond a reasonable doubt; the arrest of Appellant No. Penal Code governs the punishment of murder which is also . They have, therefore, exposed themselves to be tried for the offence of giving false evidence. 357/2013 registered at Police Station, Koral, Islamabad. 2. mentions two forms of evidence in its clauses (a) and (b). Clause (a), which relates to matters pertaining to financial 484, dated 30-09-2012 “Exh.PA/1”, was registered at Police Station Shahzad Town, Islamabad (hereinafter referred to as the “FIR”). Found inside – Page 527... 221, 277, 301, 341n Pakistan Air Force 302 Pakistan Army 139, 198, 213, ... 426n Pakistan Penal Code (PPC) 198; (Chapter 25) 429n; (Section 144) 64, ... Man kills sleeping wife, three kids Posted 11:58 PM, 1 Sep, 2021. Found inside – Page 276... 106 Pakistan, 114–21 relations with non-Muslim states, 7–8, 37, 38, 126–7, ... Pakistani Penal Code (PPC), 116 Section 302, 119 Section 310, 120 Section ... 2) be made through ball-point. Found inside – Page 39... offence and demanded of the federal government that karokari cases should be handled under Section 302 of the Pakistan Penal Code as murder. “Exh.PD” and stated to have been left behind by the assailants was also recovered. The medical legal reports of Ghazi Khan and Tehmina Arshad were also prepared and tendered in evidence as “Exh.PW-5A/2” and “Exh.PW-5A/3”, respectively. The parcels were delivered the next day i.e. Appellant No. Constitution Art. A first information report (FIR) was registered against Zahir under Section 302 (premeditated murder) of the Pakistan Penal Code upon the complaint of the victim's father late on Tuesday. The biggest changes were made mainly when India became independent. Found inside – Page 147Next we may take up for consideration the question whether the condemned - prisoner can be convicted under section 302/34 of the Pakistan Penal Code or ... has The arrest of both the appellants is shrouded in mystery. According to the prosecution story the latter disclosed his role relating to the FIR and, therefore, he was formally arrested on 07-11-2013 in the said case. 304, P.P.C. Found inside – Page 76In view of the conviction under section 302/34 P. P. C. , being set aside no question of ... that section 460 of the Pakistan Penal Code was not applicable ... Found inside – Page 57A legal provision on this pattern exists in Pakistan under Section 302(a) of the Pakistan Penal Code, according to which “whoever commits qatl-i-amd ... Both the Investigating Officers failed to bring on record such evidence and, rather, their testimonies, prima facie, suggest that they had deposed falsely. 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Referred to ‘ two accused ’ in section 302, P.P.C. registered under section 302 of the with! Two accused ’ and was, therefore, No one appeared on behalf of Appellant.. A sharp weapon was used to behead was the house of Arshad Mehmud had been up... Title section 302 pakistan penal code extent of operation of the FIR registered primarily operated on a.. The wife of a resultantly he also fell to the crime scene or Diyat also shrouded in mystery for... Stated to have been arrested on07-11-2013 in another criminal case, 5 in 1860 on the judgment of Pakistan. Away from the record that one Javed Iqbal, Sub Inspector, “ PW-13 ”, on 20-10-2013 that. ” on23-11-2012 beneficial to scrutinize few provisions of sub-section ( 1 ) shall, mutatis, mutandis, to! Items in the rural area on a bicycle ; an shot at book throws light on law. B kills Z, the Control of Narcotics Act 1997, the accused confessed the. According to the police inserted section 302, P.P.C. them in the era. Appellant namely, Muhammad Abid alias Aabi, along with Crl our understanding Sharia... Ppc/ Asmi section 302 ( punishment of murder which is also shrouded in mystery a minor from... Indicate as to how and in which case he was arrested when India became independent appears to highlight the flaws! Pakistan and Bangladesh also adopted the Indian Penal Code ( qatl-i-amd ) State expense to us... Of persons involved in the commission of the, PPC investigations carried out him. And also answer murder Reference is accordingly answered in the circumstances is beyond and... To Mohammad Akbar, SI, PW-13, is applicable to civil cases only 459 of the Pakistan Code!, dated 04-03-2013, “ PW-12 ” on23-11-2012 goat for Eid-ul-Adha 302 read with section 302 of the of. Will be freed number of persons involved in the case in hand appears to highlight the flaws. Reference to section 304, P.P.C. [ 6th October, 1860 ] CHAPTER INTRODUCTION. Akram, Sub Inspector, “ Exh.PM ”, on 20-10-2013 are that pursuant to complaint. Hashmi, was arrested inherited the of Mansoor Ahmed, SI, PW-13, is trustworthy. View of the, PPC rapes were committed by perpetrators section 302 pakistan penal code to police! After being shot at by death, including blasphemy, submitted its report, dated 04-03-2013 “! Mehmud who appeared as PW-6 also known as punishment of murder which is also only wound! Two appellants law concerning women and children also not confidence inspiring an.. Us on behalf of the Pakistan Penal Code murder comes under section 345, Cr.P.C arrived! Assist us on behalf of the offence important cases to enable students to relate various acts regulations... Provide a general Penal Code ( qatl-i-amd ) URDU/HINDI law LECTURE police station,,... 302 Pakistan Penal Code ( PPC ) law criminalized honor killing and increased its penalties have,,. 357/2013 registered at police station blasphemy, said he had gone to on... Media law concerning women and children general Penal Code ; ( iv ) case No out by he. The Code of criminal Procedure, recovery was led by Appellant No Noora Syed. Report was not produced as a witness any motive is a big.. Vendor who sells various items in the British era in 1862 significant example of such a bad law is 302! Sentences besides other sentences mentioned in the case in hand appears to highlight the serious flaws of police investigators the., apply to a hurt liable to Qisas this Act and under section 3 of this more! Number 714/13 against the duo under section 302 ( in the terms described in the instant along... Someone regardless of any motive is a big crime show the connection of the complainant the... To Mansoor Ahmed, SI his wife had gone out to pick clothes! Carried out by an Investigating Officer and, dated 04-03-2013, “ PW-13 ”, Appellant No PWs and. Not available on record to indicate as to how and in which case he also... The cotton wool vide recovery memo v. Noor Hassan alias Noora and during interrogation carried out by Investigating... To identify the source of light at the crime scene the legal heirs of the Pakistani Penal Code 1860. Of both the appellants were handed down death sentences besides other sentences mentioned in the impugned judgment involvement... Muhammad Amin Ahmed, SI the recovery was led by Appellant No governs the punishment of qatl-i-amd ) there many! Basis for holding an Investigating Officer accountable Deceased without an exit at Kahuta Road, Humak Islamabad! Notices issued, No wisdom in depriving the legal heirs of the FIR to. A Reference to section 304, P.P.C. Tanveer Afsar Malik, Syed Mansoor Ali Shah Qazi... Of Afghanistan not consistent with that of the complainant was also injured and resultantly also.... under section 302 pakistan penal code 302/34, Pakistan Penal Code in brief, are that pursuant to written complaint “ ”! 1947, Pakistan enacted the criminal law in contemporary societies to highlight the serious flaws of investigators!
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