Law: Pakistan Penal Code, 1860

Section: 302(b)(c)/337-F(v)/337-F(vi)/148/149

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b)(c)/337-F(v)/337-F(vi)/148/149--Sudden occurrence--No pre-meditation--Case of sudden affair and co-accused also received injuries--Two co-accused have been acquitted--Conviction alteredu/S. 302(c), P.P.C--The petitioner alongwith co-accused was alleged to give hatchet blow on the head of the deceased, Which proved fatal and the deceased succumbed to the injury--Two co-accused, who were ascribed the similar role, have been acquitted of the charge by the trial Court--Deceased received only one injury on his head, which was an incised wound 4x1cm on left side top of head 8.2cm from left ear 5cm from mid skull line--Occurrence took place all of a sudden; there was no pre-meditation on the part of the petitioner’s side and during the occurrence the petitioner and co-accused also received injuries at the hands of the complainant party--No medical report in this regard could be placed on record but there is no denial to this fact that during investigation it was found that the petitioner and the co-accused had received injuries during the occurrence--The police officials had not let them to be medically examined being in league with the complainant--Any doubt arising in the prosecution case is to be resolved in favour of the defence--It is a case of sudden affair, coupled with the fact, material facts were suppressed--The case of the petitioner is covered by section 302(c), P.P.C--Conviction the petitioner u/S. 302(c), P.P.C and sentence him to imprisonment for the period which he has already undergone. Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b)(c)/337 F(v)/ 337 F(vi)/148/149--Benefit of doubt--A single circumstance creating reasonable doubt in a prudent mind about the guilt of accused makes him entitled to its benefits, not as a matter of grace and concession but as a matter of right. Mr. Aftab Hussain Bhatti, ASC for Petitioner. Mr. Muhammad Jaffer, D.P.G. for State. hearing date: 12.5.2022. JUDGMENT Sayyed Mazahar Ali Akbar Naqvi, J. along with seven other co-accused was tried by the learned Additional Sessions Judge, Jaranwala, pursuant to a private complaint under Sections…

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