Case Details

Citation(s)
2024 SLG 3257 2024 SLD 3257 = 2024 YLR 1860
Peshawar High Court
Criminal Appeal No. 1097-P of 2021, decided on 18th March, 2024.Date of hearing: 18th March, 2024.
Before Ishtiaq Ibrahim, J
Muhammad Saeed Khan for the Appellant. Numan-ul-Haq Kakakhel, AAG for the State. Mian Arshal Jan for Complainant

IQBAL-UD-DIN---Appellant

VERSUS

The STATE---Respondent

Law: Pakistan Penal Code, 1860

Section: 324


(a) Penal Code (XLV of 1860)---

----S. 324---Attempt to commit qatl-i-amd---Appreciation of evidence---Lodging of F.I.R with promptitude---Sentence, reduction in---Spur of the movement occurrence---Non-repetition of fire shot---Accused was charged for making firing upon the complainant party, due to which the complainant sustained firearm injuries---Motive behind the occurrence was a dispute over marriage proposal---In this case the occurrence had taken place on 06.07.2017 at 06.55 pm, in front of house of accused which had been reported with promptitude at 07.35 pm by injured complainant in DHQ hospital---Occurrence had been reported with promptitude eliminating the possibility of consultation and deliberation on the part of complainant in making report---Circumstances established that the prosecution had proved its case beyond shadow of doubt, however occurrence took place at the spur of moment and the accused in the heat of passion opened fire at the complainant party, as a result, complainant sustained injury on his neck---Complainant had not attributed the role of repetition of firing to the accused---Similarly, except injury on his neck, complainant had not stated about any injury sustained by him on his chest or any other part of his body---In that view of the matter, conviction of the accused under S.324, P.P.C., was maintained, however, his sentence was reduced from five years rigorous imprisonment to three years rigorous imprisonment---Appeal was disposed of with modification in sentence, in circumstances.

(b) Penal Code (XLV of 1860)---

🔒
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