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PC MADAD KHAN vs State Ss — 2023 PCrLJN 107 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 PCrLJN 107 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Parties
PC MADAD KHAN vs State Ss
Subject matter
Criminal
Provisions referred to
S. 7---Q; 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

PC MADAD KHAN VS State Ss. 302 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, common intention, act of terrorism---appreciation of evidence---Sentence, reduction in---act of terrorism, applicability---accused were charged for committing murder of the son of complainant and his friend due to the alleged non-stopping of motorcycle by the deceased---Based on the particular facts and circumstances of the case it appeared that the intent of the accused was to stop the deceased who refused to obey his signal to stop their motor bike for checking and instead rode on and as such he became furious and fired upon them with intention to kill for disobeying his order to stop but not with the design, intent or purpose to create terror and as such all offences under the anti-Terrorism act, 1997, were dismissed especially as it was a night time incident when no member of the public was even around to be terrorized---accused was convicted only for the offence under S. 302(b), P.P.C. and sentenced for life imprisonment only---appeal was dismissed subject to the modification of convictions and sentences.

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