MUHAMMAD YASIR KHAN vs State Ss — 2024 PCrLJ 813 KARACHI-HIGH-COURT-SINDH

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

MUHAMMAD YASIR KHAN VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Sentence, quantum of---Motive not proved---Accused were charged that they in furtherance of their common intention committed murder of the deceased who was accompanying the complainant---Undisputedly, prosecution failed to establish any motive behind the murder of the deceased at the hands of the accused persons---Motive, so alleged, was that a quarrel had taken place between the son of complainant, and the accused---Deceased was not present with the son of complainant during the initial occurrence, as such the accused persons had no reason to cause any harm to him---From the depositions of the witnesses, it was evident that when son of complainant restrained the accused persons from abusing his father, the accused persons opened fire at him, but missed and hit deceased instead---Alleged incident was done within a matter of seconds without any words being exchanged between the accused persons and the deceased---Said fact alone ruled out any premeditation of murder by the accused persons---Matter of record that it wasn't the accused persons who had gone to the complainant party, rather the complainant party came looking for them after the initial quarrel between the accused persons and son of complainant---Anyhow, where the prosecution failed to prove the motive behind the commission of an offence, it would justify awarding lesser punishment for the offence---Thus, the Trial Court rightly awarded life imprisonment by taking a lenient view against the accused persons and no illegality or infirmity was pointed out by defence with regard to the sentence---Appeal against conviction was dismissed accordingly.

MUHAMMAD YASIR KHAN vs State Ss — 2024 PCrLJ 813 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2024 PCRLJ