M. Ihsan alias Malkoo vs State Ss — 2025 PCrLJ 334 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 PCrLJ 334 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: PCRLJ
Parties: M. Ihsan alias Malkoo vs State Ss
Subject matter: Criminal

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

M. Ihsan alias Malkoo VS State Ss. 302(b), 337-F(i) & 34---Qatl-i-amd, ghayr-jaifah-damiyah, common intention---Appreciation of evidence---Sentence, quantum of---Scope---Accused were charged for committing murder of the brother of complainant and also causing firearm injuries to his other brother---In the instant case, there were some mitigating factors---Firstly, recovery of weapon of offence from the appellant remained inconsequential---Secondly, co-accused had been acquitted of the charge---No special circumstance is required to consider mitigation for converting the sentence of death into imprisonment for life rather an iota of single instance is sufficient to justify a lesser sentence---Moreover, when a case qualified the awarding of both sentences of imprisonment for life and that of death, the proper course for the Court, as a matter of caution, is to give preference to the lesser sentence---In such circumstances, sentence of capital punishment was converted into one of imprisonment for life---Appeal was dismissed with said modification in sentence.

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