Citation Name: 2024 YLR 1860 PESHAWAR-HIGH-COURTBookmark this Case Iqbal-ud-Din vs State S

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Citation Name: 2024 YLR 1860 PESHAWAR-HIGH-COURTBookmark this Case Iqbal-ud-Din VS State S. 324---attempt to commit qatl-i-amd---appreciation of evidence---Sentence, reduction in---Spur of the movement occurrence---Non- repetition of fire---accused was charged for making firing upon the complainant party, due to which the complainant sustained firearm injuries---as per record, the prosecution had proved guilt of the accused under S.324, P.P.C., however, keeping in view the peculiar facts and circumstances of the case revealed from the available evidence, sentence of the accused under S.324, P.P.C., required some consideration---admittedly, there was no previous ill will between the parties rather accused was father-in-law of the injured complainant and on the fateful day the complainant party visited the house of the accused to finalize marriage ceremony of his daughter with the complainant---Reason on the basis of which exchange of hot words took place between the complainant and the accused had not been disclosed by any of the eye-witness---Similarly, report of the complainant was also silent in such regard, meaning thereby that the occurrence took place at the spur of moment and the accused in the heat of passion opened fire at the complainant party, as a result, complainant sustained injury on his neck---Complainant had not attributed the role of repetition of firing to the accused---Similarly, except injury on his neck, complainant had not stated about any injury sustained by him on his chest or any other part of his body---In such view of the matter, conviction of the accused under S.324, P.P.C. was maintained, however, his sentence was reduced from five years rigorous imprisonment to three years rigorous imprisonment---appeal was disposed of with modification in sentence, in circumstances.

Citation Name: 2024 YLR 1860 PESHAWAR-HIGH-COURTBookmark this Case Iqbal-ud-Din vs State S — 2024 YLR 1860 PESHAWAR-HIGH-COURT

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