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

Case information

Citation: 2023 MLD 1892 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: MLD
Parties: MUHAMMAD NAWAZ alias CHOCHO vs State Ss
Subject matter: Criminal
Provisions referred to: S. 300; 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 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---Conviction and sentence, modification of---Motive not proved---Accused was charged that he along with his co-accused committed murder of the father of complainant---On the assessment of evidence, it was found that the motive set up by the prosecution was quite vague---Admittedly, no independent witness was brought by prosecution---Not a single word was deposed by any of the witnesses regarding the background of any ill-will or bitterness between the accused and deceased and the incident had erupted all of sudden without any premeditation, whatsoever---Record showed that the accused had caused only a single hatchet below to the deceased but did not repeat the same, hence, absence of repetition of hatchet below by the accused dispelled the premeditation to kill the deceased---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.

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