Pakistan Case Law
PLJ 2017 Cr.C. (Peshawar) 94

AJMAL vs AKHTAR ALI and another

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CitationPLJ 2017 Cr.C. (Peshawar) 94
CourtPeshawar High Court
Case No.Crl. A. No, 618-P of 2012
Date2015-05-21
Judge(s)Qaiser Rashid Khan, Assadullah Khan Chamkani
ResultN/A
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

The appellant, Ajmal, challenged his conviction and sentence for the Qatl-e-Amd of the deceased, Baseer Ali, following a trial before the Additional Sessions Judge-I, Charsadda. The trial court had convicted the appellant under Section 302(b) of the Pakistan Penal Code 1860, sentencing him to life imprisonment and ordering compensation payment under Section 544-A of the Code of Criminal Procedure 1898. Additionally, the appellant was convicted under Section 13 of the Arms Ordinance for illegal possession of a weapon, receiving a three-year rigorous imprisonment sentence. The court also granted the benefit of Section 382-B of the Code of Criminal Procedure 1898 to the appellant. The judgment records the procedural history of the conviction and sentencing, noting the specific penalties imposed for both the murder charge and the arms possession charge, including default clauses for non-payment of fines and compensation. The matter concerns the appellate review of these convictions and the corresponding sentences handed down by the trial court.

Questions settled in this judgment
  • What is the prescribed punishment for Qatl-e-Amd under Section 302(b) of the Pakistan Penal Code 1860?
  • Does the benefit of Section 382-B of the Code of Criminal Procedure 1898 apply to sentences of life imprisonment?
  • What is the consequence of failing to pay compensation ordered under Section 544-A of the Code of Criminal Procedure 1898?
Laws & provisions referred
  • Section 302(b), Pakistan Penal Code 1860
  • Section 544-A, Code of Criminal Procedure 1898
  • Section 13, Arms Ordinance
  • Section 382-B, Code of Criminal Procedure 1898
Qatl-e-AmdLife ImprisonmentArms OrdinanceCriminal AppealCompensation to Legal HeirsSection 382-B Benefit

1. Assadullah Khan Chammkani, J.--Appellant Ajmal aged about 41 years, was tried by learned Additional Sessions Judge-I, Charsadda for committing the Qatl-e-Amd of Baseer Ali deceased and on conclusion of trial, vide impugned judgment dated 19.11.2012, he was convicted under Section 302(b), PPC and sentenced to undergo life imprisonment as well as to pay Rs, 1,00,000/-, as compensation to LRs of deceased, in terms of S. 544-A, Cr.P.C. Or in default thereof to undergo 6 months S. I. Further. Similarly, under Section 13 of the Arms Ordinance, he was convicted and sentenced to undergo 03 years R.I. And to pay a fine of Rs, 10,000/- or in default thereof to undergo 02 months S. I. Further. Benefit of Section 382-B, Cr.P.C. Has been extended to him.

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