ABDUL NASIR vs State Ss — 2023 YLR 107 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 YLR 107 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: YLR
Parties: ABDUL NASIR vs State Ss
Subject matter: Criminal
Provisions referred to: S. 342

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

ABDUL NASIR VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Sentence, quantum of---Mitigating circumstances---Scope---Accused were charged for committing murder of parents of complainant and also injuring him by firing---Statement of accused recorded under S.342, Cr.P.C., showed that no question about the asserted motive was put to them---Some mitigating circumstances were noted in favour of the accused persons, firstly; the recovered crime weapon had been disbelieved; secondly, the prosecution had alleged a specific motive in the case but had failed to prove the same---Question of quantum of the sentence required utmost attention and thoughtfulness on the parts of the Courts---Not determinable as to what was the real cause of occurrence and as to what had actually happened immediately before the occurrence, which had resulted in the death of two persons, therefore the death sentence awarded to the accused was quite harsh---In such circumstances, while maintaining the convictions, death sentence was altered to imprisonment for life---Appeal was dismissed with said modification in sentence.

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