| Citation(s) |
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| 2026 SLG 922 2026 SLD 922 = 2026 PHC 2150 |
Peshawar High Court
Cr.A. No. 69-B/2025 with M.R. No.02-B/2025.
Presented By: SABIT ULLAH KHAN, J.-
JUDGMENT. Date of hearing 31.03.2026. For appellant: Mr. Iftikhar Durrani, advocate. For the State: Mr. Najibullah Khan Marwat Asstt: A.G. For respondent: Mr. Harun-ur-Rashid Khattak, advocate.
Cr.A. No. 69-B/2025 with M.R. No.02-B/2025.
Presented By: SABIT ULLAH KHAN, J.-
JUDGMENT. Date of hearing 31.03.2026. For appellant: Mr. Iftikhar Durrani, advocate. For the State: Mr. Najibullah Khan Marwat Asstt: A.G. For respondent: Mr. Harun-ur-Rashid Khattak, advocate.
Muhammad Umar.
VS
: The State etc.
Law: Pakistan Penal Code, 1860
Section: 302(b), 324, 452, 15-AA
Law: Code Of Civil Procedure, 1908.
Section: 544-A, 382-B, 342, 340(2)
✅ 🔹 Summary of the Case Accused Muhammad Umar was convicted for: Killing his mother and wife (double murder) inside a house Trial Court: Awarded death penalty on two counts âš–ï¸ Prosecution Case Accused entered house with firearm Opened fire → both victims died FIR lodged promptly Eye-witnesses: Complainant (son/husband) Another witness present in house âš–ï¸ Court’s Findings âœ”ï¸ Conviction Upheld Eye-witnesses were: Natural (present at home) Consistent and reliable FIR was prompt → no false implication Medical evidence: Fully corroborated injuries Minor contradictions: 👉 Ignored (not material) âš–ï¸ Sentence Reconsidered Court did NOT agree with death penalty because: â— Key Mitigating Factors: No motive proved Incident appeared sudden/spontaneous No evidence of: Planning Extreme brutality Criminal history 👉 Law principle: Even one mitigating factor = no death penalty âš–ï¸ Final Decision Conviction maintained ⌠Death sentence → âœ”ï¸ Converted to life imprisonment Other punishments → unchanged Murder reference → rejected 📜 🔹 Sections Used Pakistan Penal Code (PPC) 302(b) → Murder 324 → Attempt to murder 452 → House trespass 15-AA → Arms offence Criminal Procedure Code (Cr.P.C.) 544-A → Compensation 382-B → Benefit of detention 342 → Statement of accused 340(2) → Defence evidence 🧠🔹 Two 2-Word Descriptions Sentence Reduction Motive Absent If you want, I can also give: Numbers only (like previous) Exam-ready answer Case law comparison notes 👠JUDGMENT SHEET 1. The appellant, Muhammad Umar, was tried by the learned Additional Sessions Judge-I, Karak, in Sessions Case No. 98/7 of 2023 arising out off.LR No. 344 dated 24.06.2023, registered under sections 302, 324, 452 P.P.C. and 15-AA of the Arms Ordinance at Police Station Karak, District Karak. Vide the impugned judgment, he was convicted under section 302(b), P.P.C. for committing qatl-i-amd ofMst. Aqal Jana and Mst. Saleem Dana and was sentenced to death on two counts as Ta'zir, along with payment of compensation of Rs.500,000/- to the legal heirs of each deceased under section 544-A,…