97/2017 Criminal Appeal Muhammad Hashim Saleem (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: 28-OCT-19
Appellant filed appeal against the Judgment where he was convicted under section 302(b) PPC and sentenced to suffer R.I for Life Imprisonment with fine of Rs.100,000/ by trial Court .Appellant with one more culprit in furtherance of their common intention not only committed Qatl-e-amd of Zulfiquar Ali by causing him fire shot but caused fire shot injury to PW Muhammad Yasin with intention to commit his murder on account of their failure to pay them Bhatta, and then went away by making aerial firing to create terrorism. The role attributed to the appellant in commission of incident is only to the extent that he caused fire shot injury to PW Muhammad Yasin on his left knee joint, which is non-vital part of his body. There is no recovery of crime weapon from the appellant. No Bhatta is paid to the appellant by the complainant party. Complainant have rightly consented for modification of the conviction and sentence to the appellant only to the extent of section 324 PPC. appellant for an offence punishable under section 324 PPC is convicted and sentenced to undergo Rigorous Imprisonment for five years and to pay fine of Rs.50,000/- payable to PW Muhammad Yasin as compensation .Subject to above modification the instant appeal is dismissed.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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