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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---Motive proved---Accused were charged for committing murder of the brother of complainant and also causing firearm injuries to his other brother---Motive as set-out by the prosecution was that earlier the appellant sustained firearm injury due to which his leg was amputated and the FIR of the said incident was lodged against the complainant, the deceased and his brother in law---Amputation of the leg of the appellant at the hands of the complainant party was not denied rather admitted by the appellant---During evidence, it came on surface that the deceased and the complainant had been acquitted in the said case, which added fuel to the fire---Moreso, the deceased also got lodged FIR in respect of offence under Ss.382 & 435, P.P.C against the appellant, and the injured was the eye-witness of the said occurrence, which was fixed on the fateful day, therefore, there could be no other reason for the appellant to take the life of deceased---No doubt previous enmity, being motive, is always considered as a double edged weapon but from the evidence available on record it had been established that it was the sole reason of present incident---With such backdrop, the prosecution had successfully proved motive part of the occurrence---Circumstances established that the prosecution had proved its case against the accused, however due to some mitigating circumstances, the sentence of capital punishment was converted into one of imprisonment for life---Appeal was dismissed with said modification in sentence.

Other judgments reported in 2025 PCRLJ

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