Appeal Against Acquittal filed before High Court against Judgment passed by Additional Sessions Judge.
BEFORE HONOURABLE HIGH COURT,LAHORE.
CRIMINAL APPEAL NO: _____________________/2017
____________, Son of ______, District _____.
…..Appellant
V E R S U S
1. THE STATE
2. _______, Son of _____, Caste __, Resident of ---.
3. _______, Son of _____, Caste __, Resident of ---.
4. _______, Son of _____, Caste __, Resident of ---.
5. _______, Son of _____, Caste __, Resident of ---.
….Respondents
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Case F.I.R No: 330/312
Dated 22.08.2012
Offence Under Section 302 PPC
Police Station Sadar Gujrat
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A P P E A L
AGAINST ACQUITTAL UNDER SECTION 417 OF Cr.P.C AND ALL OTHER ENABLING PROVISIONS OF LAW AGAINST JUDGEMENT AGAINST DATED 22.12.2016 PASSED BY LEARNED ADDITIONAL SESSIONS JUDGE GUJRAT, WHEREBY THE LEARNED TRIAL COURT ACQUITTED RESPONDENTS NO. 2 TO 5.
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CHARGE: Under Section 302 of Pakistan Penal Code 1860
______________________
Respectfully Sheweth:
1. That the Appellant who is the complainant of this case, got registered vide F.I.R No. 300/12 dated 22.08.2016 under section 302 of Pakistan Penal Code.
2. That the FIR was lodged on the ground that on xx.xx.20xx at 8:30 pm Appellant/Complainant son namely Naveed Rana told the complainant that he was going on marriage ceremony of the sister of his Friend Ali Nawaz and he would come late. Naveed Rana went there through Car registered number LEZ-xxxx). The Appellant/Complainant and his Son-In-Law namely Arif Mehmood, who came on the occasion of Eid at the home of complainant, called the victim at 9:45pm on the mobile number (0000-0000000) of Naveed Rana but the call was not answered. At 12:30 am they again called the victim but he mobile phone was switched off, after a while they went to Sleep. On the next morning, appellant/complainant received phone call from the S.H.O that body of the Naveed Rana found in the factory area of Kot Lakpat. On this information complainant along with Irfan Shah and Bilal went to the spot and saw that appellant’s son Naveed Rana was murdered. Complainant identified the dead body of Naveed Rana. Complainant moved an application for the registration of F.I.R against the unknown persons. On xx.xx.20xx complainant was in his house with the reference of funeral prayer of Naveed Rana when Hassan Ali (Pw9) and Shan Ali (Pw10) told the Complainant that on 21.08.2012 Naveed Rana called them and they went to see Sumera Ali (Respondent No.3) in Mohallah Jeekara, Faisalabad and they used to go along with Naveed Rana. Both Hassan Ali (Pw9) and Shan Ali (Pw10) along with Naveed Rana went to see Sumera Ali. Both Hassan Ali and Shan Pw 9 & 10 were standing in the street and Naveed Rana entered into the house of Sumera Ali/Respondent No.3 and about 3:15am they heard hue and cry, they entered into the house and saw that Sumera Ali/Respondent No. 3 caught hold of Naveed Rana and Usman Aslam/Respondent No. 2 made a iron rod blow which hit backside of head of Naveed Rana, Babar Ali/ Respondent no. 5 delivered iron rod blow which hit on the head of Naveed Rana below the earlier injury; Shahbaz/Respondent No.4 made iron rod Blow on Naveed Rana which hit on the head and there after accused made danda blows on different part of the body of Naveed Rana. Pw 9 & 10 attempted to rescue Naveed Rana but accused extended threats of life, therefore, they came back from the house of Sumera Ali/Respondent No.3. Complainant asked the Pw 9 & 10 the reason behind the murder of Naveed Rana, they told the complainant that Naveed Rana developed illicit relations with Sumera Ali/Respondent No.3 and it was the reason for the murder of Naveed Rana. Later on complainant on the same day i.e. xx.xx.20xx moved an application for the nomination of all four accused person.
3. That after investigation all four accused were found involved in the murder for Naveed Rana. They were charged by the Learned Trial Court under section 302 PPC. Learned trial court through its judgment dated xx.xx.20xx acquitted the all accused while given benefit of doubt.
4. That the findings of the Learned Trial Court as regards acquitted accused are fanciful, illogical and based on tatal disregard of the evidence on record. The judgment of Learned Trial Court is liable to be set-aside. Accused are liable to be sentence to death for the murder of Naveed Rana on the following grounds.
GROUNDS OF APPEAL
i. That the impugned judgment dated xx.xx.20xx passed by the Learned Additional Sessions Judge, Gujrat is legally not sustainable.
ii. That the learned trial court has totally ignored the evidence on record which has fully implicated the accused with commission of the offence of murder of Naveed Rana. Prosecution has proved that all the accused were liable to be awarded the punishment of death for the offences committed by them.
iii. That the prosecution version was also supported by the two eye-witnesses namely Mubashar and Shahid Pw 9 & 10. Both the witnesses was only the eye-witness they were also aware with the relationship of Naveed Rana and Sumera Ali/Respondent No.3.
iv. That the evidence of two witnesses is sufficient for conviction if it is believed to be true and trustworthy and while cross examination both witnesses remained affirm on the occurrence and its way of happening.
v. That both witnesses testified that Naveed Rana was killed due to danda blows and while investigation of police Usman Aslam/Respondent No.2 made disclosure that he could get recovered danda same was recovered from the house of Sumera Ali/Respondent no.3
vi. That the Post-Mortem report describe that Naveed Rana was bearing injuries of Lacerated wounds and bruises and while cross examination Dr. Ehtisham-ul-Haq/Pw 7 testified that lacerated wound can be caused with blunt weapon e.g. weapon having broad and rounded end such as Danda.
vii. That accused and Naveed Rana and Prosecution Witnesses 9 & 10 have no enmity in past and nothing was brought on the record.
viii. That all the accused in their statement u/s 342 Cr.P.C deposed that Naveed Rana was the man of bad character, notorious and vagabond and he used to tease the girls. Both the Prosecution Witnesses 9 & 10 testified that Naveed Rana had developed illicit relations with the Sumera Ali/Respondent No.3 and they were not cross examined on that point.
ix. That the judgment of the learned trial court to the extent of acquittal of accused is based on surmises and conjectures and not based on sound appraisal of evidence, hence liable to be set-aside.
x. That there was no enmity between the parties, therefore, false implication of the respondents in the instant case is out of question.
xi. That the Appellant very humbly seeks permission to raise additional grounds at the time of hearing of this appeal.
P R A Y E R
In the given circumstances, it is respectfully prayed that the impugned judgment dated 22.12.2016 passed by the Learned Additional Sessions Judge, Gujrat whereby accused were acquitted while giving benefit of doubt may kindly be set-aside and the said accused be convicted under section 302 PPC and sentenced to death.
APPELLANT
THROUGH
IKYAN SHAH
ADVOCATE HIGH COURT
Main Boulevard Green Acres Road, Lahore.
CERTIFICATE:
It is certified that upon instructions of my client it is the 1st Appeal against acquittal filed before this Honourable Court in the instant matter.