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ZAFAR IQBAL vs State Ss — 2023 YLRN 64 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 YLRN 64 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Parties
ZAFAR IQBAL vs State Ss
Subject matter
Criminal
Provisions referred to
S. 308; S. 304; S. 201

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

ZAFAR IQBAL VS State Ss. 302(b) & 201---Qatl-i-amd, causing disappearance of evidence of offence---Appreciation of evidence---Accused was charged for committing murder of his wife---Record showed that the accused was convicted under S. 308, P.P.C., whereas conviction under S. 308, P.P.C., could only be awarded in a case in which proof of qatl-i-amd liable to Qisas as provided under S. 304, P.P.C., is available but the conviction could not be passed as Qisas due to the reasons provided in Ss. 306 & 307, P.P.C.---In the present case, sufficient proof of qatl-i-amd liable to Qisas was not available on record and the conviction was to be passed as Ta'zir,and where the conviction could only be passed as Ta'zir and not as Qisas, provisions of Ss. 306, 307 & 308, P.P.C., could not be applied---Perusal of record available on file revealed that the Trial Court held accused guilty of the commission of offence of murder of his wife but he was convicted under S. 308 P.P.C. & S. 201, P.P.C.---Trial Court misconceived and misconstrued the applicability of S. 308, P.P.C., which could only be invoked in cases of Qisas---In such circumstances, the impugned judgment was set-aside and matter was remanded back to the Trial Court with the direction to rewrite the judgment after hearing both the parties.

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