MUHAMMAD UZAIR vs State Ss — 2022 MLD 368 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 MLD 368 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: MLD
Parties: MUHAMMAD UZAIR vs State Ss
Subject matter: Criminal

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 UZAIR VS State Ss.302(b) & 109---Sentence, reduction in---Mitigating circumstances---Qatl-i-amd, abetment---Appreciation of evidence---Accused was charged for committing murder of his wife by firing---Accused had committed the offence in a state of mind where his emotions overpowered him all of a sudden and he made firing at the deceased lady---Apparent from the confessional statement of the accused that he first requested and insisted that the lady should accompany him to is house---Couple had entered into a love marriage about two years before the occurrence, which fact was evident from the statements of sisters of the deceased---Emotional state of mind of the accused was also depicted from the fact that he even intended to kill himself but was prevented by the stucking bullet in chamber of the pistol, as per contents of the confessional statement, which had been accepted as true and voluntary---No premeditation in committing murder nor had there been any motive---Contributing factor of quarrel between mother and wife of the accused had happened all of a sudden---Refusal of the deceased to accompany the accused had put the accused in such an emotional state of mind in which he had committed the unfortunate incident, not only killed the deceased but also devastated his own life---Imprisonment of death penalty was not found justified, in circumstances, which was reduced to imprisonment for life---Appeal was dismissed by altering the death sentence into life imprisonment. Head Notes

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