MUHAMMAD YASEEN alias MAMA GADDI vs State Ss — 2023 PCrLJ 1404 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PCrLJ 1404 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PCRLJ
Parties: MUHAMMAD YASEEN alias MAMA GADDI vs State Ss
Subject matter: Criminal

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 YASEEN alias MAMA GADDI VS State Ss. 302(b) & 324--- Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence--- Sentence, reduction in--- Mitigating circumstances---Scope---Accused was charged for making firing upon the complainant and his friend, when friend of complainant made joke with him, both received injuries on their abdomen, due to which complainant became injured but his friend died---Investigating Officer failed to interrogate/collect some independent material during investigation regarding mode and manner of incident---Trial Court had also failed to record any finding as to how the incident had occurred---Prosecution had proved its case against the accused beyond reasonable doubt but failed to prove that it was a case of pre-plan and pre-meditation---Record showed that it was sudden incident which happened at the spur of the moment when joke was cracked by deceased---Murder of deceased was neither pre-planned nor pre-mediated---Deceased received only a single fire shot and fire was not repeated---High Court observed that single mitigating circumstance, available in the case, would be sufficient to put on guard the Judge not to award the penalty of death but life imprisonment---Circumstances established that the prosecution had proved its case against the accused---Appeal against conviction was dismissed but sentence of the accused was reduced to imprisonment for life due to mitigating circumstances.

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