KHALID vs State S — 2024 SCMR 1474 SUPREME-COURT

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KHALID VS State S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Sentence, reduction in---'Expectancy of life', principle of---Period of incarceration equal to or more than a full term of imprisonment for life---In a case where a convict sentenced to death undergoes period of custody equal to or more than a full term of imprisonment for life during the pendency of his judicial remedy against his conviction and sentence of death, the principle of 'expectancy of life' may be considered as a relevant factor along with other circumstances for reducing his sentence of death to imprisonment for life---In the present case the petitioner (convict) had been in the death cell for 16 years awaiting the fate of his juridical remedies---Inordinate delay in disposal of case was not attributable to the petitioner as the trial proceedings were twice remanded by the Appellate Court to the Trial Court; firstly, due to defective charge and non-examining the second investigating officer, and secondly, due to defective 342, Cr.P.C. statement of the petitioner---Petition was converted into an appeal and was partly allowed, and conviction awarded to the petitioner/appellant under section 302(b), P.P.C. was maintained, however his sentence of death was converted into imprisonment for life on the basis of the mitigating circumstances. Citation Name: 2024 SCMR 1474 SUPREME-COURTBookmark this Case KHALID VS State S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Unshaken testimony of two witnesses, being eye-witnesses of the occurrence and close relatives of the deceased was fully supported/corroborated by the medico legal evidence, recovery of four crime empties of .30 bore and blood stains from the place of occurrence, blood stained clothes of the deceased, report of the chemical expert, recovery of crime weapon (.30 bore pistol) from the house of the petitioner (convict) on his pointation and positive report of the firearm expert---Record did not reveal of any animus of the two eye-witnesses for false implication of the petitioner---There was no inordinate or unexplained delay in lodging the FIR---Prosecution had proved the charge against the petitioner beyond reasonable doubt---Petition was converted into an appeal and was partly allowed, and conviction awarded to the petitioner/appellant under section 302(b), P.P.C. was maintained. Citation Name: 2024 SCMR 1474 SUPREME-COURTBookmark this Case KHALID VS State Related witnesses, evidence of---Reliance---In absence of any ulterior motive/animus for false implication of an accused, the confidence inspiring testimony of an eye-witness, whose presence with the deceased at the time and place of occurrence is established, cannot be discarded merely due to his relationship with the deceased. Citation Name: 2024 SCMR 1474 SUPREME-COURTBookmark this Case KHALID VS State S. 302(b)--- Qatl-i-amd--- Reappraisal of evidence---Sentence, reduction in---Mitigating circumstances---Motive nor proved---In the instant case, though the motive of the occurrence was alleged to be the previous enmity due to land dispute as well as matrimonial relations but the prosecution had failed to prove the same---Failure to prove the motive alleged by the prosecution can be considered as a mitigating circumstance for reducing the quantum of sentence awarded to an accused---Petition was converted into an appeal and was partly allowed, and conviction awarded to the petitioner/appellant under section 302(b), P.P.C. was maintained, however his sentence of death was converted into imprisonment for life on the basis of the mitigating circumstances.

KHALID vs State S — 2024 SCMR 1474 SUPREME-COURT

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