GHAFFAR KHAN vs State Ss — 2022 PCrLJ 786 PESHAWAR-HIGH-COURT

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

GHAFFAR KHAN VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Sentence, reduction in---Scope---Accused were charged for committing murder of the father of complainant---Admitted fact on record was that the accused had come to the house of deceased unarmed just for the purpose to take the complainant back to their house despite disagreement of the deceased, hence, he entered into altercation with them which turned into a sudden fight---Said mode and manner of the occurrence suggested that neither the accused had come there with any pre-planning nor they had the intention to kill the deceased---High Court observed that all that had happened was at spur of the moment wherein stone was used by accused and the blows thereof took the life of deceased---If the accused had the intention to kill the deceased he would have come there duly armed with any kind of weapon i.e pistol, knife etc.---Parties belonged to same caste and they had female relations with each other besides there was nothing on record to suggest previous enmity or hatred between them---Conviction of the said accused under S. 302(b), P.P.C. by Trial Court was not a correct conclusion rather the act of the said accused fell within the definition of qatl shibh-i-amd which was an offence under S. 315, P.P.C. punishable under S. 316, P.P.C.---Undoubtedly accused had hit the deceased with stone and such blows did not cause death in ordinary course of nature---Record showed that the occurrence took place in house of deceased where, as per evidence, his sons and daughters were present, as such, he was in dominant position over the accused---Refusal of deceased to let his daughter go with them also showed his stubborn attitude which led to the incident---Such circumstances showed that something had happened between the parties prior to the occurrence which had not been brought on record---In absence of any evidence to suggest pre-planning or intention on the part of accused to commit murder of the deceased, the safe and just conclusion was that the accused was liable under S. 316, P.P.C. instead of S. 302(b), P.P.C.---Circumstances established that the prosecution had proved its case against the accused, however, the sentence of life imprisonment was reduced to fourteen years, in circumstances---Appeal against conviction was partially allowed with said modification in sentence. Head NotesCase Description

GHAFFAR KHAN vs State Ss — 2022 PCrLJ 786 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported

Other judgments reported in 2022 PCRLJ