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ABDUL KHALIQ vs State Ss — 2023 MLD 702 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2023 MLD 702 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2023
Reporter
MLD
Parties
ABDUL KHALIQ vs State Ss
Subject matter
Criminal
Provisions referred to
S. 302; S. 337-A; S. 337-L

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

ABDUL KHALIQ VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Sentence, reduction in---Accused was charged that he along with his co-accused persons assaulted upon the complainant party and made firing, due to which brother of complainant was hit and died whereas two other persons received severe injuries---Record showed that undoubtedly, the prosecution had established that the accused had attacked upon injured with an axe, inflicting injuries, detail whereof contained in the MLC, but it had been disagreed that he was liable to be convicted under S. 302 of P.P.C., while joining hands with the proclaimed offenders, having common intention shared by and object---Undeniably, role of firing had been attributed to proclaimed offender, whereby deceased succumbed; however, prosecution failed to establish the requisites of object and intention shared by the attackers, including the accused---Facts and circumstances showed that the occurrence of murder took place at the spur of the moment---Had it been the motive of the accused to commit murder of injured cousin of complainant, he would have struck with the sharp side of axe and repeated the same until his death---Accused could not be held responsible either for the murder of deceased or the murderous assault upon injured, as such, he was only liable for the injuries caused to injured---Accused, in circumstances, was convicted and sentenced two counts i.e. under S. 337-A(ii) to pay Arsh, which shall be 5% of Diyat to injured and imprisonment of two years' RI as well as under S. 337-L(2) to suffer six months' imprisonment---Appeal was partly allowed and modified the sentence by setting aside the conviction and sentence recorded by the Trial Court.

Other judgments reported in 2023 MLD

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