ZAQOOM vs State Ss — 2021 MLD 729 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 MLD 729 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: MLD
Parties: ZAQOOM vs State Ss
Subject matter: Criminal
Provisions referred to: S. 164---Q; S. 302; Criminal Procedure Code (V of 1898)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ZAQOOM VS State 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 person's 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.

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