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MUHAMMAD IDREES vs State Ss — 2021 YLRN 48 SUPREME-COURT-AZAD-KASHMIR

Case information

Citation
2021 YLRN 48 SUPREME-COURT-AZAD-KASHMIR
Court
Supreme Court of Pakistan
Year
2021
Parties
MUHAMMAD IDREES vs State Ss
Subject matter
Criminal
Provisions referred to
S. 324

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

MUHAMMAD IDREES VS State Ss. 302, 324, 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Sentence, reduction in---Mitigating circumstances--- Scope---Allegation levelled against the accused was that they armed with 30-bore pistols attacked upon a peaceful procession and killed three innocent persons and injured many others---Record showed that the heirs of one of the deceased moved different applications in the trial court that the case had been registered against the facts---Widow and son of that deceased had also got recorded their statements in a bail matter and took the stance that the allegation of murder of deceased against the co-accused was baseless---Perusal of the judgments of the courts below showed that those applications as well as the statements had not been considered---Examination of record showed that apart from withholding the best evidence there were many other strong mitigating circumstances available in the case---Although, in view of the peculiar facts of the case, the direct evidence could not be brushed aside entirely, but at the same time those sturdy mitigating circumstances also could not be ignored lightly---High Court held that it was not a case of acquittal, however, the evidence collected by the prosecution was also not of such standard on the basis of which the major penalties could be awarded to the accused---In presence of the said mitigating factors, there hardly remained any need to discuss the point raised by the prosecution regarding the applicability of the provisions of S.324, P.P.C., coupled with some other points, as the findings on any of the points would not change the fate of the case---Appeals against conviction were partly accepted and the sentences awarded to the accused were converted to the sentences already undergone.

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