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MUHAMMAD USAMA vs State Ss — 2022 SCMR 2143 SUPREME-COURT

Case information

Citation
2022 SCMR 2143 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
SCMR
Parties
MUHAMMAD USAMA 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 USAMA VS State Ss. 302(b) & 302(c)---Qatl-i-amd---Reappraisal of evidence---Spur of the moment occurrence without any premeditation---Conviction under section 302(b), P.P.C. altered to one under section 302(c), P.P.C.---Sentence, reduction in---Accused was a minor (aged about 14 years) at the time of occurrence; the occurrence had taken place at the spur of the moment and without any preparation or premeditation; the weapon (motorcycle wire lock) used by the accused was ordinarily attached to the motorcycle/cycle for safety and the same without any stretch of imagination could not be termed as a weapon for committing such like crimes---All such aspects when read conjointly with the statement of the accused under section 340(2), Cr.P.C., further strengthened the view that the occurrence had taken place without premeditation and possibility could not be ruled out that the same was result of some trivial altercation/use of filthy language as stated by the accused---Accused had made out a case, which squarely attracted the provisions of section 302(c), P.P.C.---Conviction of accused under section 302(b), P.P.C. was altered to one under section 302(c), P.P.C., and his sentence of imprisonment for life was reduced to the period already undergone by him---Petition for leave to appeal was converted into appeal and partly allowed.

Other judgments reported in 2022 SCMR

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