Citation Name: 2023 MLD 714 PESHAWAR-HIGH-COURTBookmark this Case YASIR IQBAL vs State S

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Citation Name: 2023 MLD 714 PESHAWAR-HIGH-COURTBookmark this Case YASIR IQBAL VS State S. 302(b)--- Qatl-i-amd--- Appreciation of evidence--- Sentence, reduction in---Ocular account supported by medical evidence---Scope---Accused was charged for committing murder of the brother of complainant by stabbing---Ocular account had been furnished by three eyewitnesses comprising driver and passengers of the coach wherein the deceased was stabbed to death---Driver of the coach stated that he noted that head of the deceased was resting against the pane of window and the accused was holding a knife in his hands---Said witness was a natural witness being driver of the coach wherein the occurrence took place who had deposed in a very natural way about the occurrence---Said witness had no enmity or ill-will towards the accused to falsely implicate him in the case, therefore, his testimony could not be discarded---Evidence furnished by said witness had been supported by two other witnesses who were travelling in the coach---Other eyewitness at the relevant time was sitting on the last seat of the vehicle with the accused and the deceased---Said witness deposed that after covering a journey of 15/20 minutes when the vehicle reached near the cattle market there the accused attacked the deceased with knife with which he received injuries on his person whereafter other passengers present in the vehicle overpowered him and took the knife from him---Like evidence was furnished by other eyewitness who too was present in the vehicle as one of the passengers---All the three prosecution witnesses had deposed in a very eloquent and natural way about the occurrence---Said witnesses were independent witnesses having no personal grudge to depose falsely against the accused---Ocular account was supported by medical examination of the deceased according to which he had two injuries on vital parts of his body caused by knife---Besides, from possession of the accused, the knife with which he had caused injuries to the deceased too was recovered---In addition, from the seat of the vehicle where the deceased was sitting blood had been recovered and also the Investigating Officer took into possession the last worn blood stained clothes of the accused as well that of the deceased---Furthermore, complainant of the case appeared before the court who deposed quite in line with what he had reported in his initial report---Thorough and careful examination of the case record would show that the prosecution had proved its case against the accused through cogent and reliable evidence and beyond any reasonable doubt---However, due to some mitigating circumstances the sentence was reduced to imprisonment for a period of ten years---Appeal was partially allowed with modification in sentence. Citation Name: 2023 MLD 714 PESHAWAR-HIGH-COURTBookmark this Case YASIR IQBAL VS State S. 302--- Qatl-i-amd--- Offence committed without any premeditation---Scope---If some offence is committed without any premeditation and in the heat of passion and at the spur of moment then in such like situation, the courts of law normally award minimum sentence to the accused by bring his case under S. 302(c), P.P.C. Citation Name: 2023 MLD 714 PESHAWAR-HIGH-COURTBookmark this Case YASIR IQBAL VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Sentence, reduction in---Scope---Accused was charged for committing murder of the brother of complainant by stabbing---Record showed that the accused had no enmity with the deceased or any of his family members---According to the record, the accused and the deceased met each other by chance in the coach and seated on rear seat of the vehicle close to one and other when all of a sudden the occurrence took place without any premeditation---Though the defense did not endeavor to bring the case of accused within the parameter of S. 302(c), P.P.C. as no suggestion of any kind was given to the prosecution witnesses that the accused had resorted to take the extreme step of taking the deceased life under sudden and grave provocation or under the heat of passion nor the accused himself took such plea in his statement recorded under S. 342, Cr.P.C---In order to know about the root cause of the incident and to do complete justice, police file was perused, it was found therein that the statement of accused recorded under S. 161, Cr.P.C---According to the statement of accused, he was seated in the vehicle on its rear seat with the deceased and shortly after covering some distance he requested the deceased who was seated against the window seat to slide the window pane so that fresh air could come as he i.e. the accused was not feeling well and was about to vomit which request was turned down by the deceased by uttering in "Pashto" on which hot words were exchanged between the two whereupon the accused took out a knife and pushed it into the deceased body as a result he received injuries with which subsequently he died---Circumstances established that the prosecution had proved its case against the accused but due to some mitigating circumstances the sentence was reduced to imprisonment for a period of ten years---Appeal was partially allowed with modification in sentence. Citation Name: 2023 MLD 714 PESHAWAR-HIGH-COURTBookmark this Case YASIR IQBAL 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 complainant by stabbing---In the present case, there was no material on the record that just before the occurrence what else had happened than what was disclosed by the accused in his 161, Cr.P.C. statement---Whether it was mere refusal of the deceased to slide the window pane or he had uttered something else towards the accused shrouded in mystery which aspect of the case coupled with the fact that both the parties were not known to each other before the occurrence and that the exceeded action of the accused was neither pre-meditated one nor it was done with any pre-existing mind could be considered to hold that the murder committed by the accused squarely fell within the ambit of S. 302(c), P.P.C., instead of S. 302(b), P.P.C.---Sentence was reduced to imprisonment for a period of ten years---Appeal was partially allowed with modification in sentence.

Citation Name: 2023 MLD 714 PESHAWAR-HIGH-COURTBookmark this Case YASIR IQBAL vs State S — 2023 MLD 714 PESHAWAR-HIGH-COURT

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