JEHANGIR KHAN vs State S — 2022 MLD 429 PESHAWAR-HIGH-COURT

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JEHANGIR KHAN VS State S.302(b)---Qatl-i-amd---Criminal Procedure Code (V of 1898), S.340(2)---Appreciation of evidence---Sentence, alteration of---Examination of accused---Scope---Accused was charged for committing murder of brother of the complainant by firing---Accused while recording his statement under S.340(2), Cr.P.C. explained that on the day of occurrence deceased and others were busy in demolishing the warkha---Accused requested them to stop demolishing until the matter was resolved, which annoyed them and they started beating him with their weapons etc., they broke his spectacles and torn his clothes---Meanwhile, one of the companion, made a fire which hit the deceased who fell on the ground---Accused further stated that the co-villagers attracted to the spot and rescued him from the hands of the accused and to save his life---Accused produced a witness, who supported his version---Investigating Officer while preparing card of arrest of accused did not mention the injuries on his person and the condition of his clothes---Accused was examined by the Medical Officer, who found multiple blunt injuries on his body with torn/crushed clothes, but the conduct of Investigating Officer showed mala fide on his part---Circumstances suggested that plea of accused was nearer to the truth, however disagreed with his stance that it was the fire shot of one of the companions of deceased which went effective---Court felt no hesitation to hold that it was from the fire shot of the accused that the deceased got hit and died, but the injuries on person of the accused and his torn clothes belied what the SHO stated that he arrested accused with a Kalashnikov---Facts and circumstances of the case showed that incident occurred when the parties were engaged in a free fight, which resulted into the death of the deceased and injuries on person of the accused, however, deceased was never the target---Both the sides twisted the facts to their benefit, hence, in such eventuality the quantum of sentence called for interference, resultantly, appeal was partially allowed by altering the conviction awarded to the accused under S.302(b), P.P.C., to one under S.302(c), P.P.C. and he was sentenced to ten years. Head Notes

JEHANGIR KHAN vs State S — 2022 MLD 429 PESHAWAR-HIGH-COURT

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