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Malik TARIQ AYUB vs The STATE through S — 2024 YLR 355 ISLAMABAD

Case information

Citation
2024 YLR 355 ISLAMABAD
Court
Islamabad High Court
Year
2024
Reporter
YLR
Parties
Malik TARIQ AYUB vs The STATE through S
Subject matter
Criminal
Provisions referred to
S. 367; S. 302; Criminal Procedure Code (V of 1898)

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

Malik TARIQ AYUB VS The STATE through S.H.O., P.S. Shalimar, Islamabad Ss. 302(b), 324, 337-F(iii), 427, 148 & 149---Criminal Procedure Code (V of 1898), S.367(5)---Qatl-i-amd, attempt to commit qatl-i-amd, mutalahimah, mischief causing damage to the amount of fifty rupees, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Contents of judgment--- Scope--- Accused were awarded life imprisonment for committing murder of the deceased---Complainant filed application for the enhancement of punishment---Normal sentence for qatl-i-amd as ta'zir was death---Court, however, had discretion to award lesser sentence of life imprisonment in case there were mitigating circumstances---Record showed that the Trial Court had lucidly and elaborately dealt with all the issues and on the various aspects of the prosecution case had gone on to hold that the prosecution had proven its case beyond reasonable doubt by placing reliance on the ocular account, medical evidence, recovery as well as motive---However, while recording conviction and awarding sentence Trial Court had in just one sentence opted for lesser sentence on the basis of mitigating circumstances in the case without dilating the facts as to the referred circumstances---Judgment in such state of affairs was naturally violative of S. 367(5), Cr.P.C., as well as the law propounded by the Superior Courts of the country on the option of the Court to award lesser sentence under S.302(b), P.P.C---Notice was issued to the respondents accordingly.

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