Citation Name: 2024 YLR 1065 PESHAWAR-HIGH-COURTBookmark this Case WASIM vs Mst

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Citation Name: 2024 YLR 1065 PESHAWAR-HIGH-COURTBookmark this Case WASIM VS Mst. NAZRANA S. 302(b)---Qatl-i-amd---Appreciation of evidence---Accused was charged for committing murder of the brother of complainant by stabbing---Record showed that the accused had no enmity with the deceased or any of his family members---According to the record, the accused and the deceased met each other by chance in the flying coach and seated on rear seat of the vehicle close to one and other when all of a sudden the unfortunate occurrence took place without any premeditation---Though the defense did not endeavor to bring the case of accused within the parameter of S. 302(c), P.P.C., as no suggestion of any kind was given to the prosecution witnesses that the accused had resorted to take the extreme step of taking the deceased life under sudden and grave provocation or under the heat of passion nor the accused himself took such plea in his statement recorded under S. 342, Cr.P.C.---In order to know about the root cause of the incident and to do complete justice, police file was perused---According to the statement of accused recorded under S.161, Cr.P.C., he was seated in the vehicle on its rear seat with the deceased and shortly after covering some distance he requested the deceased who was seated against the window seat to slide the window pane so that fresh air could come as he i.e. the accused was not feeling well and was about to vomit which request was turned down by the deceased by uttering in "Pashto" on which hot words were exchanged between the two whereupon the accused took out a knife and pushed it into the body of deceased as a result of which he received fatal injuries---Circumstances established that the prosecution had proved its case against the accused but due to some mitigating circumstances the sentence was reduced to imprisonment for a period of ten years---Appeal was partially allowed with modification in sentence.

Citation Name: 2024 YLR 1065 PESHAWAR-HIGH-COURTBookmark this Case WASIM vs Mst — 2024 YLR 1065 PESHAWAR-HIGH-COURT

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