AHMED vs State S — 2023 PCrLJ 702 KARACHI-HIGH-COURT-SINDH

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AHMED VS State S. 302(b)--- Qatl-i-amd--- Appreciation of evidence--- Sentence, reduction in---Accused was charged for committing murder of the son of complainant by utilizing stone---Ocular account of the incident had been furnished by sole eye-witness/brother of the deceased---Said witness stated that after committing the murder, the accused went away by jumping over the wall of shrine---Said witness admitted in cross-examination that the boundary wall of the shrine was at about 30/35 foot and again said it was about 20/25 foot---Said witness further admitted that he had seen the accused person from his back while running away after committing themurder---Stone was weighing about 8 to 10 kilos---Ocular evidence found support from the Medical evidence---Claim of the eye-witness that deceased died on the spot, whereas the opinion of the Medical Officer was that the duration between the injury and death was about one and half hour---Nothing had been brought on record by the prosecution to prove that the incident of the altercation between accused and the deceased was ever taken place or reported with the police---Accused had not repeated the stone blows upon the deceased, therefore, it was observed that accused had no intention to kill the deceased as defined in para (b) of S. 302, P.P.C.---Case of accused, in circumstances would come within clause (c) of S. 302, P.P.C.---Appeal was dismissed to the extent of conviction of the accused for an offence under S. 302(b), P.P.C. but his sentence to imprisonment for life was converted into an offence under S. 302(c), P.P.C.--- Consequently, sentence was reduced from life imprisonment to imprisonment for twenty two years.

AHMED vs State S — 2023 PCrLJ 702 KARACHI-HIGH-COURT-SINDH

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