MUHAMMAD NAWAZ alias CHOCHO vs State Ss — 2023 MLD 1892 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD NAWAZ alias CHOCHO VS State Ss. 302(b), 302(c), 114 & 34---Qatl-i-amd, abettor present when offence was committed, common intention---Appreciation of evidence---Sentence, reduction in---Case of sudden fight without pre-meditation---Conviction and sentence, modification of---Accused was charged that he along with his co-accused committed murder of the father of complainant---Bare perusal of the FIR, the statements made by the eye-witnesses and finding recorded by Trial Court clearly showed that there was no background of any ill-will or bitterness between the parties---Complainant admitted that accused had asked his father as to why he was irrigating his agricultural land---Accused remained at the place of incident for nearly about 40 minutes and he was trying to convince his uncle/deceased that the land belonged to him---Complainant admitted in his evidence that all of a sudden the accused caused sharp side of hatchet blow to his father---On the other hand, Medical Officer deposed that there were injuries on the mid of skull, a bruise on right eye and a bruise on left eye and kind of weapon used was hard and blunt object---In these circumstance, it could safely be said that the prosecution had brought on record reliable evidence to sustain the conviction of the accused---However, as far as the quantum of punishment was concerned, the occurrence took place at the spur of the moment and there was no premeditation on the part of accused---If the accused had a plan to take the life of the deceased, he without wasting 40 minutes at the place of incident would have killed him---Said fact showed that something happened immediately before the occurrence which provoked the accused, to take the life of the deceased who was also his real uncle and aged about 70 years old---Accused had no intention to kill deceased as defined under part (a) of S. 300, P.P.C.---Hence, the sentence under S. 302(b), P.P.C. was not justifiable but the case of accused fell under S. 302(c), P.P.C.---In such circumstances, death sentence was converted into imprisonment for twelve years---Appeal was dismissed with said modification in sentence.

MUHAMMAD NAWAZ alias CHOCHO vs State Ss — 2023 MLD 1892 KARACHI-HIGH-COURT-SINDH

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