RIAZ vs State Ss — 2023 YLR 2471 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 YLR 2471 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: YLR
Parties: RIAZ 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

RIAZ VS State Ss. 302(b), 109, 114, 148 & 149---Qatl-i-amd, abetment, abettor present when offence committed, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Sentence, reduction in---Mitigating circumstances---Accused was charged for committing murder of the brother of the deceased by firing---Record showed that neither number of the recovered motorcycle was mentioned in FIR or the private complaint, nor ownership of the said motorcycle was brought on the record---No crime empty was recovered from the place of the occurrence, so recovery of rifle was of no consequence---As the accused had been convicted and sentenced to death for the murder of deceased, in such an eventuality, the same could be considered a mitigating circumstance---Thus, death sentence awarded to the accused was quite harsh---Accused was entitled to the benefit of the doubt as an extenuating circumstance while deciding his question of sentence---Hence, the death sentence was converted into imprisonment for life---Appeal was dismissed with modification in sentence.

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