KHALID MEHMOOD vs State Ss — 2022 MLD 1848 LAHORE-HIGH-COURT-LAHORE

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

KHALID MEHMOOD VS State Ss.302, 324, 337-F(iii) & 449---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah-mutalahimah, house-trespass in order to commit offence punishable with death---Appreciation of evidence---Sentence, reduction in---Mitigating circumstances---Scope---Accused was charged for intruding into the house of complainant while armed with a pistol and committed murder of 13 years aged nephew of complainant, during the incident complainant and his bhabi (sister-in-law) also received injuries from the pistol shots fired by accused---Canvassed motive was a dispute between accused on one hand and complainant along with his brother on other hand---Father of deceased and husband of injured eyewitness, in the days of occurrence, was abroad due to exigencies of his employment---Injured eyewitness admitted during cross-examination that accused was having no grudge against her or against her husband and even against her 13 years aged slain son---Thus inexorably, it could be held that prosecution failed to put forth any specific reason which prompted the accused to take the life of deceased---As a necessary consequence, it could be concluded that prosecution failed to prove the immediate cause behind the incident---Secondly it was noticed that the accused inflicted only a single injury to the deceased---So far as, injured eyewitness was concerned, Medical Officer observed two injuries over person of injured eyewitness out of which one was a lacerated wound at her back and the other one was an entry wound over back of her right arm---Lacerated wound on the back of injured witness made no ingress in her body thus there was every possibility that the same bullet was the source of trauma over her right arm---Case in hand was not of some extreme brutality---Moreover, if the projected motive was not proved beyond scintilla of any doubt, the alternate sentence of imprisonment of life provided under S.302(b), P.P.C. was to be awarded---Appeal was dismissed with modification in sentence.

KHALID MEHMOOD vs State Ss — 2022 MLD 1848 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2022 MLD