Law:

Section:

Penal Code (XLV of 1860)------.----- ------.-------S. 302(b)------.-----Qatl-i-amd------.-----Appreciation of evidence------.-----Grave and sudden provocation------.-----Conversion of conviction/sentence------.-----Presence of the prosecution eye-witness/injured at the spot in the company of the deceased, in the facts and circumstances of the case, could not be doubted, and injuries on the person of the accused confirmed that he had also been thrashed alongside the deceased; however, said witness had not told the whole truth, as the account of the incident/conspiracy theory given by him was not plausible, and the same was liable to be rejected------.-----Use of Churri, an ordinary piece of cutlery readily available in every household, would not have been the choice weapons, should the occurrence were planned in the manner as suggested by the prosecution------.-----Assault on the deceased was not premeditated or actuated in the name or on the pretext of honour, but the same had happened in the wake of sudden situation, which no one had visualized shortly before the incident; therefore, culpability of the accused came within the mischief of S. 302(c), P.P.C., and the proviso thereto did not stand as an impediment------.-----High Court converted the conviction from S. 302(b) to S. 302(c), P.P.C., and sentenced the accused to fifteen years------.-----Order accordingly. Ali Muhammad v. Ali Muhammad and another PLD 1996 SC 274 and Malik Muhammad Mumtaz Qadri's case PLD 2016 SC 17 rel. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, JUSTICE:------.----- Sajid Mehmood, 26, hereinafter referred to as the deceased, was fatally stabbed during the night between 15/16.4.2011 at 12:15 a.m., inside a house, situating at a distance of 1/2 k.m from Police Station Jand. Safeer Ahmad (PW-9) sustained injuries during the occurrence; Khurram Shahzad, appellant herein, accompanied by Hamid Shahzad, Adnan Sajid, Shahid Hafeez, Hafeez-ur-Rehman, Mst. Kaneez Bibi and Mst. Shabnam Luqman was nominated as accused in statement (Ex.PE) of Safeer Ahmad (PW-9), recorded by Muhammad Bashir, S.I (PW-14), 2:00 a.m. at the spot wherein he alleged that the deceased was his maternal uncle in…

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