MUHAMMAD SHAFIQUE vs MUHAMMAD IMRAN Ss — 2024 SCMR 814 SUPREME-COURT

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MUHAMMAD SHAFIQUE VS MUHAMMAD IMRAN Ss. 302(b), 324 & 337-F(i)---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah-damiyah---Re-appraisal of evidence---Sentence, reduction in---Mitigating factors---Single fire shot---Non-repetition of fire shot---Parties were close relatives and known to each other, therefore there was no possibility of misidentification or substitution---Prosecution was able to prove its case against the appellant beyond any shadow of doubt through convincing evidence duly supported by medical evidence---However, as far as the quantum of punishment was concerned, it was prosecution's own case that the appellant hit the deceased with his pistol on the left side of his body below armpit---He was also not attributed any injury to the injured witnesses---Co-accused, who was attributed fatal injuries to deceased was, however, acquitted by the Trial Court---Despite having ample opportunity to cause more injuries to the deceased, the appellant fired only once causing single injury to the deceased---Medical Officer, who conducted post-mortem examination, observed a solitary firearm injury with its corresponding exit on the dead body of the deceased---Certainly, this fact serves as a mitigating circumstance where penalty of death was unjustified rather a legal sentence i.e. life imprisonment was apt---As far as the conviction and sentences of the appellant qua other deceased and injured witnesses were concerned, the appellant had ample opportunity to repeat the fire on the deceased and also to fire on the other persons but he refrained from doing so, therefore, he could not be convicted for the murder/injuries to those persons, especially when the co-accused who were alleged to have caused the death/injuries to them had been acquitted by the courts below---Appeal was partly allowed; the conviction awarded to the appellant under Section 302(b), P.P.C. was maintained, however, sentence of death on two counts was altered to life imprisonment on single count, with the benefit of Section 382-B Cr.P.C.; and, the amount of fine of Rs.200,000/- imposed upon the appellant by the Trial Court remained intact---Rest of the sentences were set aside and the appellant was acquitted of the charge to the extent of all remaining offences.

MUHAMMAD SHAFIQUE vs MUHAMMAD IMRAN Ss — 2024 SCMR 814 SUPREME-COURT

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