Case Details

Citation(s)
2021 SLG 1221 2021 SLD 1221 2021 MLD 729
Balochistan High Court
Criminal Appeal No. 323 of 2019 and Murder Reference No. 16 of 2019, decided on 14th May, 2020, Date of hearing: 11th May, 2020.
MUHAMMAD KAMRAN KHAN MULAKHAIL, JUSTICE, ABDUL HAMEED BALOCH, JUSTICE
Kamran Murtaza, Adnan Ejaz, Muhammad Umar Dogar and Khalil-ur-Rehman Kakar for Appellant. Ms. Noor Jehan Kahoor, Additional Prosecutor General for the State and Muhammad Ayub Achakzai for the Complainant.

ZAQOOM

VS

THE STATE

Law: Penal Code (XLV of 1860)

Section: 302(b),34,99

Law: Criminal Procedure Code (V of 1898)

Section: 164

(a) Penal Code (XLV of 1860)--- ----Ss.302(b), 34 99---Criminal Procedure Code (V of 1898), S.164---Qatl-i-amd and common intention---Acts against which there is no right of private defence---Extent to which the right of private defence may be exercised---Appreciation of evidence---Sentence, reduction of---Confessional statement---Prompt FIR---Self-defence, exceeding of---Natural witnesses---Scope---Accused and another was alleged to have stabbed the deceased---Matter was reported within one hour and twenty minutes of the occurrence---Medical officer had examined the deceased after the occurrence and before registration of FIR---Occurrence had taken place in broad day light---Parties were known to each other, thus, there was no chance for false implication---Presence of witnesses was not denied by the accused, who were natural witnesses---Circumstances did not admit any hypothesis other than accused persons guilt---Accused had voluntarily got recorded his confessional statement and had given graphic details of the occurrence---Perusal of confessional statement and statement of Investigating Officer depicted that the deceased and accused had inflicted churri blows to each other due to which the accused had also sustained injuries---Accused had acted in his defense but had exceeded his right of self-defence---Appeal was partly allowed; conviction of accused under S.302(b), P.P.C., was altered into S.302(c), P.P.C., and he was sentenced to rigorous imprisonment for fourteen years. Muslim Shah v. The State PLD 2005 SC 168; Nabi Bakhsh v. The State 1999 SCMR 1972 and Syed Alam v. The State 2020 YLR GB 340; Imtiaz alias Taji v. The State 2020 SCMR 287 and Mazhar Ellahi v. The State 2020 SCMR 586 ref. Sharafat Ali v. The State 1999 SCMR 329; Rehmat Zeb v. The State 2013 PCr.LJ 864; Muhammad Ismail v. The State 1995 SCMR 1615; Allah Nawaz v. The State 2009 SCMR 736; Fayyaz Ahmed v. Muhammad Khan 2020 SCMR 281 and Azmatullah v. The State 2014 SCMR 1178 rel. (b) Criminal trial--- ----Witness---Related witness---Scope---No prohibition exists in the law that the statement of related witness cannot be considered. (c) Criminal trial--- ----Witness---Related…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492