INAYAT-UR-REHMAN vs State S — 2022 PCrLJ 1408 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 PCrLJ 1408 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: PCRLJ
Parties: INAYAT-UR-REHMAN vs State S
Subject matter: Criminal
Provisions referred to: S. 302; S. 300; S. 304

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

INAYAT-UR-REHMAN VS State S. 302(b)--- Qatl-i-amd--- Appreciation of evidence--- Mitigating circumstances---Sentence, reduction in---Scope---Accused was charged for committing murder of the husband of complainant by firing---Admittedly, the accused had not gone behind the deceased for his murder---Had the complainant not visited the house of the accused for making complaint, the accused might not infuriate and the occurrence might not happen---Occurrence had taken place at the spur of moment without premeditation of the accused---Accused on the complaint of the complainant in front of his family members got infuriate, picked up his pistol and fired only one shot on the deceased with which the deceased was hit on his left buttock---Accused had not repearedthe act of firing---From the spot only one empty had been shown recovered and as per autopsy report the deceased had sustained only solitary firearm entry wound---Keeping in view the sudden mode of the incident without premeditation or pre-planning on the part of the accused, his case fell within the exception (4) of the previous S. 300, P.P.C., which by that time was punishable under S. 304, P.P.C.---Converting the conviction of the accused from S. 302(b), P.P.C., to S. 302(c), P.P.C., his sentence was reduced from life imprisonment to ten years rigorous imprisonment---Appeal was dismissed with said modification in sentence. Head NotesCase Description

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