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MUHAMMAD AJMAL vs State Ss — 2022 SCMR 88 SUPREME-COURT

Case information

Citation
2022 SCMR 88 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
SCMR
Parties
MUHAMMAD AJMAL vs State Ss
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

MUHAMMAD AJMAL VS State Ss. 302(b) & 302(c)--- Qatl-i-amd--- Reappraisal of evidence---Sentence, reduction in---Conviction under S. 302(b), P.P.C. converted to one under S. 302(c)---Admittedly, in the present case, parties were not inimical to each other and there was no previous ill will between the deceased and the accused---In the FIR it was specifically mentioned that during repairing the tractor of the deceased, altercation took place between the deceased and accused due to dispute of money---So at the spur of moment:, suddenly altercation took place and according to prosecution's own case, there were exchange of abuses between both of them and then accused picked up a hatchet lying in the shop and gave a solitary blow to the deceased---Accused did not repeat the blow although deceased was lying at his mercy; he did not take undue advantage nor acted in a cruel or unusual manner---So all the ingredients of S. 302(c), P.P.C. were made out and present case fell within said provision and not S. 302(b), P.P.C.---Appeal was partly allowed, and conviction of accused was converted from S. 302(b), P.P.C. to S. 302(c), P.P.C. and his sentence was reduced from imprisonment for life to seventeen years imprisonment.

Other judgments reported in 2022 SCMR

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