SHAMEEM KHAN vs State Ss — 2024 SCMR 1802 SUPREME-COURT

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SHAMEEM KHAN VS State Ss. 302(b) & 392---Pakistan Arms Ordinance (XX of 1965), S. 13---Qatl-i-amd, robbery, possession of illegal weapon---Shariat appeal---Reappraisal of evidence--- Sentence, reduction in--- Mitigating circumstances---Co-convict with shared common intention awarded lesser punishment---Effect---Co-convict had abetted the appellant for committing the offence; the vehicle in question was hired/booked by the co-convict and the appellant was picked on the way---Co-convict made search of the driver of the vehicle and snatched money and a cell phone from the driver; he demanded more money from the driver but the driver had no cash---When they tried to snatch the vehicle, the driver stopped the vehicle near a populated area---Due to apprehension of their arrest, the appellant made a fire upon the driver and they both started running towards hills but the people and police chased them and they were apprehended---According to the confessional statement of the appellant recorded under section 164, Cr.P.C., he fired (only) once upon the deceased and only one crime empty was recovered from the place of occurrence, which was from within the said vehicle, therefore, if he had repeated the fire such empty would also have been found---Moreover in his confessional statement the appellant had stated that co-convict persuaded and abetted the appellant for commission of the offence and had fully participated in the crime with the appellant---Either the confessional statement of appellant was to be accepted in its entirety or discarded, therefore, if it contained something beneficial to the appellant that could not be discarded---Having shared common intention with the appellant, the co-convict was vicariously liable for the offence, however he had been awarded the lesser sentence of imprisonment for life under section 302(b), P.P.C. while the appellant had been awarded death sentence---Considering all the above as mitigating circumstances, while maintaining the conviction of the appellant under section 302(b), P.P.C., his sentence of death was reduced to imprisonment for life---Amount of compensation to be paid to the legal heirs of the deceased and the period to undergo in default thereof was maintained---Conviction and sentence of the appellant under section 392, P.P.C. and section 13 of Pakistan Arms Ordinance, 1965 were also maintained---Appeal was partly allowed.

SHAMEEM KHAN vs State Ss — 2024 SCMR 1802 SUPREME-COURT

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