75/2013 Cr.J.A Imamuddin (Appellant) V/S The State, (Respondent)

Sindh High Court2019

Bench: Hon'ble Mr. Justice Muhammad Iqbal Mahar, Hon'ble Mr. Justice Irshad Ali Shah(Author)

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75/2013 Cr.J.A Imamuddin (Appellant) V/S The State, (Respondent) Sindh High Court Bench: Hon'ble Mr. Justice Muhammad Iqbal Mahar, Hon'ble Mr. Justice Irshad Ali Shah(Author) Order Date: 29-OCT-19 Appellants Challenged the Judgment where trial Court acquitted coaccused Muhammad Usman and Muhammad Saddique while imposed death penalty upon the appellants with fine of Rs.100,000/=each .The appellants Imamuddin and Nazir Ahmed voluntarily appeared at PS Bhan and confessed killing of Mst. Nasim and Ameer Bux by causing them hatchet blows, such case against them was registered by ASI Haji Munawar Ali on behalf of State. Subsequently, Muhammad Bux, who happened to be brother of deceased Ameer Bux after having recourse under Section 22-A & B Cr.P.C lodged his separate FIR for the above said incident. On investigation, such FIR was recommended by the police to be disposed of under Cclass, such recommendation was not accepted by learned trial Magistrate. Whatever, is stated by them against the appellants is supported by their witnesses / ancillary evidence. In that situation, learned trial Court was right to make a conclusion that the prosecution has been able to prove its case against the appellants beyond shadow of doubt. parties and learned counsel for the State too have recorded no objection for modification of death sentence into life, therefore, the death sentence awarded to the appellants on two counts is modified with rigorous imprisonment for life with fine of Rs.100,000/-(One Lac) each. Appeal and death reference are disposed of accordingly.
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