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NOOR ISLAM vs State S — 2022 PCrLJN 98 PESHAWAR-HIGH-COURT

Case information

Citation
2022 PCrLJN 98 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Parties
NOOR ISLAM vs State S
Subject matter
Criminal
Provisions referred to
S. 302

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

NOOR ISLAM VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Sentence, reduction in---Scope--- Accused was charged for committing murder of the cousin of complainant---Admittedly, the deceased and the present accused had arrived at the place of occurrence on the one and same motorcycle---Admitted fact that the accused was unarmed and he had ample opportunity of doing away with the deceased before his arrival to the scene of occurrence---Nobody had seen as to what had happened between them right before the occurrence and that who was at fault at that particular time which resulted into the occurrence---Matter of record that the axe, which was used in commission of offence, was lying in the wood-stock and it was not in possession of the accused prior to the occurrence---Accused had caused a single axe blow to the deceased---Witnesses were also silent with regard to origin of the incident and reason of its commission---Keeping in view the said circumstances, it appeared that something had happened between the accused and deceased right before the occurrence at spur of the moment which prompted the accused to hit the deceased with axe, however, that aspect of the case still shrouded in mystery---Keeping in view the facts and circumstances of the present case, the case of the present accused attracted S. 302(c), P.P.C., therefore, his conviction and sentence recorded by the Trial Court under S. 302(b), P.P.C., were not sustainable---In addition to that the accused had caused a single axe blow to the deceased---Accused neither repeated the axe blows nor acted in a brutal manner by causing more than one injuries to the deceased---Accused, in circumstances, deserved leniency with regard to quantum of sentence---Appeal was partly allowed by setting aside the conviction and sentence recorded by the Trial Court under S. 302(b), P.P.C. and accused was convicted under S. 302(c), P.P.C. and sentenced to rigorous imprisonment for fourteen years. Head Notes

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