Law: Pakistan Penal Code, 1860

Section: 302(b),302(c)

Penal Code (XLV of 1860)--- ----Ss. 302(b) & 302(c)--- Qatl-i-amd---Appreciation of evidence---Sentence, reduction in---Both parties pelted stones and used sticks, due to which the deceased received injuries---Court witness had not assigned any role to accused of inflicting knife blow on the head of deceased---Medical certificate of the deceased, was also silent in respect of injuries, and nature of injuries on the person of deceased---Fight took place all of a sudden, and accused did not act in preplanned and premeditated manner to take the life of the deceased---Accused, in a sudden flare up and in the heat of passion, acted in a manner, which could not be justified to bring his case within ambit of S.302(b), P.P.C.---Circumstances of the case diminished the liability of accused, and act committed by him, fell under S.302(c), P.P.C.---Conviction of accused recorded under S.302(b), P.P.C., was converted into offence under S. 302(c), P.P.C., and sentence of accused was reduced from life imprisonment to imprisonment of ten years; and payment of compensation was also reduced from Rs.100,000 to Rs.50,000. Azmatullah v. The State 2014 SCMR 1178 ref. JUDGMENT MUHAMMAD EJAZ SWATI, J.---Through the instant Criminal Appeal, the appellant has challenged the validity of the judgment dated 10th June, 2014 (hereinafter the "impugned Judgment") passed by the learned Additional Sessions Judge, Killa Saifullah (hereinafter the "trial Court"), whereby the appellant has been convicted under section 302(b), P.P.C. to suffer life imprisonment and to make compensation of Rs.100,000 (One hundred thousand) to the legal heirs of deceased Muhammad Naeem. In default whereof, the appellant was directed to further suffer six months' S.I. Benefit of section 382-B, Cr.P.C. was also extended in favour of appellant. 2. The facts of the case are that on the complaint of Shabir Ahmed son of Malik Zarin, an F.I.R. No.5 of 2012 dated 19th March, 2012 under sections 302, 147, 149, P.P.C. and 337 A.D.F. was registered with Levies Station Loi Band District Killa Saifullah, wherein it was alleged that on 18th March, 2012, the accused persons namely Akhtar Muhammad, Amir Muhammad, Abdul Wadood,…

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