| Citation(s) |
|---|
| 2016 SLG 2118 2016 SLD 2118 2016 YLR 209 |
Lahore High Court
Criminal Appeal No. 1769 and Criminal Revision No. 1057 of 2006, decided & hearing on 21-04-2015.
MAZHAR IQBAL SIDHU, JUSTICE
Altaf Hussain Bhatti and Sardar Sajjad Ahmad Dogar for Appellant. Ch. Fakhar uz Zaman Khan for the Complainant. Iftikhar ul Haq, Addl. P.G. for the State.
Criminal Appeal No. 1769 and Criminal Revision No. 1057 of 2006, decided & hearing on 21-04-2015.
MAZHAR IQBAL SIDHU, JUSTICE
Altaf Hussain Bhatti and Sardar Sajjad Ahmad Dogar for Appellant. Ch. Fakhar uz Zaman Khan for the Complainant. Iftikhar ul Haq, Addl. P.G. for the State.
MUHAMMAD KHALID MEHMOOD
VS
. The STATE--Respondent
Law:
Section:
----Ss.100, 302(b) & 302(c)---Qatl-i-Amd---Appreciation of evidence---Right of self defence, causing death---Sentence, reduction in---Complainant filed private complaint against two persons allegedly committed qatl-i-amd of his son---Accused was convicted by Trial Court and sentenced to imprisonment for life whereas his co-accused was acquitted of the charge---Validity---Occurrence was not denied by accused and prosecution version was not found correct in totality during investigation---Direct private complaint was filed in which the trial was held to ensuing the acquittal of co-accused and by accepting the plea of accused to be put forth during the trial but diversity was shown so far as conviction and sentence of accused was concerned---Right of private defence of his own body or two of his kith and kin could not be measured by a golden scale and perception of a man could vary to another in such like situation but once it accrued to its exercise, to its proof then the Court might not go in obsession to oblivion in accepting the same in a bodacious way in all down rightness---High Court transmuted conviction of accused under S. 302(b), P.P.C. to S. 302(c), P.P.C. and reduced imprisonment for life to imprisonment for ten years---Appeal was dismissed accordingly. THIS JUDGMENT DELIVERED BY: MAZHAR IQBAL SIDHU, JUSTICE:----------- This judgment will dispose of above captioned criminal appeal filed by appellant Muhammad Khalid Mehmood who was convicted by learned Addl. Sessions Judge, Depalpur, Distt. Okara in private Sessions complaint Case No.39-ASJ of 2003 titled Abdul Ghaffar v. Muhammad Khalid and others under sections 302/324/148/149 and challan case FIR No.132/03 dated 2.5.2003 under sections 302/324/109/148/149, P.P.C. registered at P.S. Hujra Shah Moqeem, vide impugned judgment dated 16.10.2006 and sentenced infra:-- (i) Life imprisonment under section 302(b), P.P.C. as Tazir with payment of Rs.1,00,000/- to the legal heirs of the deceased Muhammad Farooq under section 544-A, Cr.P.C. and in default whereof to further undergo SI for three months. (ii) One year R.I. under sec-tion 337F(i), P.P.C. for causing injuries on the person of Shahid Ahmed with…
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