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MUHAMMAD WALAYAT vs State Ss — 2022 YLRN 185 ISLAMABAD

Case information

Citation
2022 YLRN 185 ISLAMABAD
Court
Islamabad High Court
Year
2022
Parties
MUHAMMAD WALAYAT 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 WALAYAT VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Sentence, reduction in---Mitigating circumstances---Scope---Accused were charged for committing murder of brother, sister and sister-in-law of the complainant by firing and causing injuries to his mother---Accused had been attributed to death of three persons separately on two counts and one count, respectively, which was in line with the medical evidence---Some consultation and deliberation had also been suggested in the evidence of prosecution, but it would not affect the entire prosecution case as the event took place before the sunset---All accused persons and eye-witnesses were known to each other, therefore, there was no probability of mistaken identity---Murderous assault had been attributed to the accused persons, who had been found guilty of offence, where the prosecution proved their case beyond any shadow of doubt---Certain mitigating factors existed, which persuaded to disagree with the portion of death sentence---No motive in the case was available and even till date no one had come up with any justifiable reason as to why what ignited the situation, which resulted into death of three persons---Such aspect revealed that something very important was missing and without the same capital sentence could not be awarded---Forensic Science Agency Report revealed that three top bullets recovered from body of a deceased were pellets of smooth bore, which had not been explained by the witnesses, therefore, the death sentence could not be awarded rather the rule of abundant caution was to be applied---Appeal against conviction was dismissed, however the death sentence awarded to the accused was converted into life imprisonment.

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