Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 337-A(i)---Causing Shajjah-i-Khafifah---Appreciation of evidence---Sentence, reduction in---F.I.R. had been lodged with full promptitude, possibility of any deliberation and consultation would not arise---Motive as agitated by the prosecution, which was not rebutted by the defence, would play an important role and led the fate of the case as a whole to its logical conclusion---Occurrence had taken place in the month of August and during that season 6.30 P.M was not time when the light would fade and the identification of the assailants was difficult to observe---Case of accused persons was distinguishable from the accused who was sentenced to death---Accused persons were stated to be armed with Sotas and had inflicted injuries on the persons of injured prosecution witnesses---Trial Court on the basis of same evidence had acquitted the rest of accused persons---Keeping in view the role ascribed to the accused persons and rule of consistency, sentence awarded to accused persons, was reduced to period already undergone, in circumstances. (b) Penal Code (XLV of 1860)--- ----S.302(b)---Qatl-e-amd---Appreciation of evidence---Sentence, reduction in---Mitigating circumstances---Only one dagger blow was caused to the deceased on the vital part of body by accused, at the time when his father was also present there who raised Lalkara---Possibility of accused having acted under the influence of his father, could not be ruled out---Sentence of death awarded to accused was not called for---Sentence of death awarded to accused by the Trial Court was converted into imprisonment for life, in view of the fact and role ascribed to him causing injury without repetition and unproved motive coupled with possibility of acting of accused under the influence of his father. Mahmood Rasheed and others v. State 2003 SCMR 581 and Noor Muhammad v. State 2010 SCMR 97 rel. JUDGMENT SAYYED MAZAHAR ALI AKBAR NAQVI, J.---Tahir alias Kala and Shahid sons of Shabrati alias Bati, Liaqat, Shafqat and Sadaqat all sons of Muhammad Ramzan, Gujjar by caste r/o Mohalla Dhallwali Chiniot City District, Jhang and Yameen son of Ramzan caste Gujjar r/o Mandi Sheikhan…

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