Purpose: To challenge a judgment, under the provision of 435/439 of the Criminal Procedure Code, whereby the lesser conviction has been decided for the accused by the trial court.
Forum: High
Court
Title: Complainant
of criminal case Vs The state and accused person/convict.
CRIMINAL
REVISION U/S 435 & 439 Cr.P.C FOR ENHANCEMENT OF SENTENCE, AGAINST THE
IMPUGNED JUDGMENT DATED 27.12.2021 PASSED BY LEARNED Additional Sessions Judge,
WHEREBY THE LEARNED ASJ CONVICTED THE ACCUSED/RESPONDENT NO. 2 FOR THE
IMPRISONMENT FOR LIFE AS TAZIR U/S 302 (b) PPC ALONGWITH RS.200,000/- AS
COMPENSATION TO THE LEGAL HEIRS TO THE DECEASED U/S 544-A Cr.P.C, IN CASE FIR NO. 203/19,
DATED 07.06.2019, OFFENCE U/S 302, 109, 148, 149 PPC POLICE STATION CHAGHTAN.
Respectfully Sheweth:-
Precisely, the facts of the case are that the appellant and
his brother Suleman (deceased) were employed in Saudi Arabia and came to
Pakistan on 09.04.2018 to spend leave. Two years prior to instant occurrence,
brick kiln belonging to appellant and his brother situated near to Bus stop within
the area of village Baroze was given to accused Chan Yousaf, on contract.
Accused Pervaiz associated with accused Samiol and Sami /respondent No.2 as
partners in the Brick kiln. On 06.04.2019, the appellant along with his
deceased brother Arbab went to their brick kiln to collect the amount of the contract
from Chan Yousaf. An altercation took place there between them and the the a accused Nawab
which was patched up. Accused Nawab promised them to pay the amount in the
evening time. On 07.05.2019, the complainant along with his deceased Malik Arbab
and Malik Iftikhar s/o Dost Muhammad went to their brick kiln at about 4:30
p.m. accused Athar/ respondent No. 2 and Mobeen were present at the brick kiln,
they demanded their amount and an altercation took place. Accused Athar Kahn/respondent
No.2 gave danda/stick blow on the head of Suleman (deceased) who fell down on
the ground. In the meanwhile, accused Hayat
and Zakir put a piece of cloth around the neck of Arbab deceased and started pressing it. Accused brought
out pistol from the room and made fire shot with landed on the upper parts of
body of Suleman deceased. Suleman (deceased)
succumbed to the injuries at the spot. They made hue and cry, on this, accused
persons while boarding in the corolla care left towards city, hence the instant
FIR was lodged against the respondent No. 2 and others.
That during investigation and the statement u/s 161 Cr.P.C
of appellant /complainant was got recorded and after investigation of the case
and on receipts of the challan, the charge was framed on 10.10.2020 by the
learned trial court against the accused person/respondent No. 2 and others.
That after conclusion of the trial, the learned trail court
was pleased to convicted the private respondent in the instant case, vide
judgment dated 27.12.2021, hence this petition under section 435/439 Cr.P.C
before this Hon’ble court inter alia on the following:-
G
R O U N D S
That the impugned judgment dated 27.12.2021 to the extent of
respondent No. 2 is against the facts and circumstances of the case.
That the judgment dated 27.12.2021 is illegal, unlawful and
unjustified to the extent of respondent No.2, which is liable to be set aside.
That PWs narrated the story in natural manner and they
remand consistent at on all details and major particulars of the occurrence and
medical evidence full consistent with ocular account.
That while recording the evidence before the learned trail
court the name of the accused, role of the accused is specifically mentioned by
the PWs and presence of PWs were also established but this aspect was totally
ignored by the learned trial court while passing the impugned judgment to the
extent of awarding of lesser punishment to respondent No. 2.
That the prosecution produced overwhelming incriminating
evidence against the respondent No. 2 but the learned trail court gave the
conclusion against the facts and circumstances of the case.
That the prosecution proved its case beyond shadow of any
doubt and respondent No. 2 /accused is liable to be convicted maximum
punishment.
That the respondent No. 2 has also attributed specific fetal
role and same has been proved by the prosecution during the trial proceeding,
therefore, it is the case of maximum punishment, hence respondent No. 2 is
liable to be convicted for death sentence.
That the learned trial court did not awarded reasonable compensation
to the legal heirs of the deceased and failed to impose fine in accordance with
law and circumstances against the respondent No.2 /accused. That the learned
trial court did not appraise the evidence of the instant case in the light of
principle settled / enunciated by the superior court of the country and awarded
lesser punishment without any reason or lawful justification.
PRAYER:
In view of the above circumstances, it is, most respectfully
prayed that the instant criminal revision may kindly be accepted and the
accused person/respondent No. 2 may graciously be convicted/awarded maximum
punishment i.e death penalty as provided in the law while modifying the
impugned judgment dated 27.12.2021 passed by the court of learned Additional Sessions Judge, to the
extent of respondent No.2, in the interest of justice.
Petitioner through Counsel
Certificate:-
Certified as per instructions furnished by the petitioner this is the
first criminal revision on the subject ever moved before this Hon’ble Court.
That the petitioner also filed a against the judgment dated 27.12.2021
before this Hon’ble court to the extent of acquittal of remaining accused.
Further certified that no such petition is pending or decided on the
same subject matter by the Hon’ble Supreme Court of Pakistan.
…Counsel
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