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Shakeel Ahmed vs State Ss — 2024 MLD 1700 PESHAWAR-HIGH-COURT

Case information

Citation
2024 MLD 1700 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
MLD
Parties
Shakeel Ahmed 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

Shakeel Ahmed VS State Ss. 302(b) & 337-F(i)---Qatl-i-amd, causing damihah---Appreciation of evidence---Plea of sudden provocation not proved---Accused was charged for committing murder of the son of complainant by firing and also causing injury to his other son by biting on his right arm---There was nothing on the record to show that the accused was provoked---Accused did not take any such plea in the cross-examination of the witnesses nor in his statement recorded under S.342, Cr.P.C.---If such plea was taken, the accused was required under Art. 121 of the Qanun-e-Shahadat, 1984, to have proved the said plea---If no such proof was led by the accused then the Court had to presume the absence of such circumstances---From the evidence, it was clear that the accused forbade the deceased from grazing goats in the field and thereafter, he took out his pistol and committed his murder---Nothing was on the record to suggest that the action of the deceased or injured eye-witness had provoked the accused---As such, the accused had no reason or occasion to kill the deceased---There was no possibility of existence of sudden and grave provocation or self defence at the time of occurrence---Appeal against conviction was dismissed.

Other judgments reported in 2024 MLD

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