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Showing posts from July, 2026

2026 P Cr. L J 763

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 2026 P Cr. L J 763 [Lahore] Before Aalia Neelum, C.J and Abher Gul Khan, J MUHAMMAD IMTIAZ and others---Appellants Versus The STATE and others---Respondentss Criminal Appeal No. 24423-J, Criminal Revision No. 22970 and Murder Reference No. 71 of 2022, decided on 8th September, 2025. (a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 337-F(ii) & 34---Qatl-i-amd, attempt to commit qatl- i-amd, causing badi'ah, common intention---Appreciation of evidence---Delay in FIR---Consultation---Presumption---Accused were charged that they while armed with knives, assaulted the complainant party, due to which brother of complainant died and one person was injured---In the instant case, the occurrence took place on 11.01.2020 at 5:45 p.m.---Inter-se distance between the place of occurrence and the police station was 1.5 kilometers---Incident was reported by the complainant, brother of the deceased, through his written complaint to Police Officer at 6:15 p.m., at THQ Hospital, who referred...

2026 P Cr. L J 755

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 2026 P Cr. L J 755 [Peshawar (Minogra Bench)] Before Sabit Ullah Khan, J Mst. SHAHEEN and another---Appellants Versus The STATE and another---Respondents Criminal Appeals Nos. 229-M and 238-M of 2023, decided on 26th May, 2025. (a) Illegal Dispossession Act (XI of 2005)--- ----Ss. 3 & 4---Illegal dispossession---Scope---Petitioner was aggrieved of Trial Court's order whereby his complaint filed under S. 3 of Illegal Dispossession Act, 2005, was dismissed---Petitioner alleged that she was owner in possession of the disputed house on the basis of a sale deed; that after the death of her mother, she along with her children resided in the said house for 4/5 months and upon leaving the same for another city, she locked the house but when she returned she found that accused had broken the locks and illegally occupied two rooms two days prior---Record showed that neither any eye-witness of the alleged act of dispossession was produced before the Court by the complainant nor any other...

2026 P Cr. L J 728

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 2026 P Cr. L J 728 [Lahore] Before Abher Gul Khan, J ZAIN-UL-ABIDEEN alias Zain---Appellant Versus The STATE and another---Respondents Criminal Appeal No. 132000 of 2018, decided on 1st August, 2025. Punjab Food Authority Act (XVI of 2011)--- ----Ss. 22-A, 24-A & 45-A---Limitation Act (IX of 1908), S.5--- Substandard and injurious food stuff---Appreciation of evidence--- Appeal before High Court, filing of---Limitation---Condonation of delay in filing appeal---Scope---Accused-appellant was charged for supplying unsafe food---Sentence upon the appellant was awarded under S.24-A of the Act of 2011---Evidently, the appellant, rather than filing an appeal before the Court of Session, should have approached the High Court directly, because the appropriate legal remedy in such cases laid in filing an appeal under S.45-A of the Act of 2011 and not before a subordinate forum---Therefore, any person aggrieved by a sentence or order passed under S.24-A of the Act of 2011 must file an ap...

2026 P Cr. L J 733

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 2026 P Cr. L J 733 [Sindh] Before Ali Haider Ada , J MEHBOOB ALI MALLAH---Appellant Versus The STATE---Respondent Criminal Jail Appeal No. S-526 of 2022, decided on 22nd September, 2025. (a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Motive not proved---Accused was charged for committing murder of his wife/daughter of complainant by firing---Prosecution case initiated with the evidence of the complainant, who stated that they proceeded to the house of the deceased, the wife of the appellant, with whom she had two children---Prosecution's theory was founded primarily on the alleged motive that the appellant, being annoyed by the presence of the complainant (the father of the deceased) and his son (the brother of the deceased), committed the murder of his wife---However, this purported motive appeared inherently flawed and questionable---Moreover, it was confusing why, if the appellant was aggrieved by the presence of the complainant and his ...