CHATTO KHAN SUHANDRO vs GHULAM NABI SUHANDRO Ss — 2023 MLD 772 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 MLD 772 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: MLD
Parties: CHATTO KHAN SUHANDRO vs GHULAM NABI SUHANDRO Ss
Subject matter: Criminal
Provisions referred to: 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

CHATTO KHAN SUHANDRO VS GHULAM NABI SUHANDRO Ss. 302, 404 & 34---Qatl-i-amd, dishonest misappropriation of property possessed by deceased at the time of his death, common intention---Appreciation of evidence---Accused were charged for committing murder of the grand-daughter of the complainant by strangulation and fled away after removing the golden ear-rings of deceased---Complainant filed application for the enhancement of punishment---Scope---Record showed that the Trial Court gave reasons for awarding lesser sentence to the accused/respondents in its judgment---Not certain from the evidence on record as to who had specifically caused murder of the deceased---Apparently, the present and absconding accused persons in furtherance of their common intention strangulated the deceased and caused brick blows to the deceased---Such factor constituted a mitigating or extenuating circumstance justifying lesser punishment/sentence under S. 302(b), P.P.C., as Tazir---Plea of enhancement of the sentence of the accused in the case had no substance---While dismissing the revision application filed against the accused/respondents show-cause notice issued to them was vacated, in circumstances.

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