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HAQ NAWAZ vs State S — 2022 YLR 721 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 YLR 721 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
YLR
Parties
HAQ NAWAZ 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

HAQ NAWAZ VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Sentence, reduction in---Mitigating circumstances--- Scope---Accused was charged for committing murder of the brother of the complainant by firing---Record showed that there were some mitigating circumstances in favour of the accused---Firstly, the evidence of recovery of the pistol from the possession of the accused had been disbelieved and secondly, the prosecution had alleged a specific motive in the case but failed to prove the same---Question of quantum of the sentence required utmost attention and thoughtfulness on the parts of the courts---Not determinable in the case as to what was the real cause of occurrence and as to what had actually happened immediately before the occurrence, which had resulted into the death of deceased---Death sentence awarded to the accused was, thus, quite harsh---If a specific motive had been alleged by the prosecution then it was duty of the prosecution to establish the said motive through cogent and confidence inspiring evidence---Non-proof of motive might be considered a mitigating circumstance in favour of the accused, hence, the conviction of the accused as awarded by the Trial Court was maintained but the sentence of death awarded to him was altered to imprisonment for life---Appeal was dismissed with said modification in sentence.

Other judgments reported in 2022 YLR

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