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Iftikhar alias Hera alias Charlie vs State Ss — 2024 YLR 2047 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 YLR 2047 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
YLR
Parties
Iftikhar alias Hera alias Charlie vs State Ss
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

Iftikhar alias Hera alias Charlie VS State Ss. 302(b) & 302(c)---Qatl-i-amd---Appreciation of evidence---Sentence, reduction in---Delay of five hours in lodging the FIR plausibly explained---Accused was charged for committing murder of the brother of complainant by stabbing---Record showed that the FIR was lodged after a delay of about 5 hours---Such slight delay had been fully explained by the complainant who reached the hospital where the deceased was taken and where the post mortem was performed with other legal formalities before the body was returned to him for burial and thereafter the FIR was immediately lodged---Slight delay in lodging the FIR had been adequately explained and as such was not fatal to the prosecution case---Accused was named in the FIR with the specific role of murdering the deceased by dagger after a quarrel---Thus there was no time for the complainant to cook up a false case against the accused---Even otherwise no specific/proven enmity had come on record between the accused and the complainant or any witness which would motivate him/them to lodge a false case against the accused---Circumstances established that prosecution had proved its case against the accused beyond any shadow of doubt, however, sudden quarrel broke out between the accused and the deceased which led the accused after being provoked by the quarrel suddenly to give one stab wound with knife to the chest of the deceased without premeditation, thus offence under S.302(b), P.P.C was converted into offence under S.302(c), P.P.C---Life imprisonment was converted into sentence for 14 years---Appeal was dismissed with modification in sentence, in circumstance.

Other judgments reported in 2024 YLR

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