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

Case information

Citation
2024 YLR 1065 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
YLR
Parties
Citation Name: 2024 YLR 1065 PESHAWAR-HIGH-COURTBookmark this Case WASIM vs Mst
Subject matter
Criminal
Provisions referred to
S. 302

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

Judgment text as reported

Citation Name: 2024 YLR 1065 PESHAWAR-HIGH-COURTBookmark this Case WASIM VS Mst. NAZRANA Ss. 302(b) & 302(c)---Qatl-i-amd---Appreciation of evidence---Sentence, reduction in---Mitigating circumstances---Accused was charged for committing murder of the brother of complainant by stabbing---In the present case, there was no material on the record to show that just before the occurrence what else had happened, other than what was disclosed by the accused in his 161, Cr.P.C. statement---Whether it was mere refusal of the deceased to slide the window pane or he had uttered something else towards the accused remained shrouded in mystery which aspect of the case coupled with the fact that both the parties were not known to each other before the occurrence, and that the exceeded action of the accused was neither pre-meditated one nor it was done with any pre-existing mind, could be considered to hold that the murder committed by the accused squarely fell within the ambit of S. 302(c), P.P.C. instead of S. 302(b), P.P.C.---Thus, the sentence was reduced to imprisonment for a period of ten years---Appeal was partially allowed with modification in sentence.

Other judgments reported in 2024 YLR

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