Shabbir Hassan vs The State through Fida Ali S — 2025 PCrLJ 532 Gilgit-Baltistan Chief Court

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Shabbir Hassan VS The State through Fida Ali S. 302(b)---Qatl-i-amd---Appreciation of evidence---Quantum of sentence---Scope---Accused was charged for committing murder of the deceased by inflicting spade blow---Record showed that the deceased was at the mercy of the accused at the time of occurrence, but he had not repeated the blow and he himself told the witnesses that he had hit the deceased with a spade and if they could save the life of deceased, they should do it---These were the mitigating circumstances, due to which the sentence awarded to the accused was reduced from life imprisonment to 14 years---Appeal against conviction was dismissed with said modification in sentence. Citation Name: 2025 PCrLJ 532 Gilgit-Baltistan Chief CourtBookmark this Case Shabbir Hassan VS The State through Fida Ali S. 302(b)---Criminal Procedure Code (V of 1898), S. 342---Qatl-i-amd---Appreciation of evidence---Statement of accused recorded under S.342 Cr.P.C---Scope---Accused was charged for committing murder of the deceased by inflicting spade blow---At the time of recording of statement of accused by the Trial Court under S.342, Cr.P.C, the accused had confessed his guilt before the Trial Court in response to a question---From bare reading of reply/statement of the accused, it transpired that the accused had admitted that he had committed murder of the deceased on the pretext of self defence---In that connection it was observed that right of self/private defence could be exercised where reasonable apprehension of danger had arisen from an attempt or threat to life as private defence was a right of protection and not aggression---After committing murder of the deceased, the accused had surrendered himself before the police and he had informed the police regarding the occurrence---Confession and extra-judicial confession of the accused had been corroborated by recovery of weapon of offence, medical evidence, site plan, forensic DNA and serologist analysis report and other documents---Circumstances established that the prosecution had proved its case against the accused, however, due to some mitigating circumstances, the sentence was reduced from life imprisonment to 14 years---Appeal against conviction was dismissed with said modification in sentence. Citation Name: 2025 PCrLJ 532 Gilgit-Baltistan Chief CourtBookmark this Case Shabbir Hassan VS The State through Fida Ali S. 302(b)---Qatl-i-amd---Appreciation of evidence---Extra-judicial confession---Scope---Accused was charged for committing murder of the deceased by inflicting spade blow---Record showed that the extra-judicial confession was made by the accused before three witnesses---From perusal of cross-examination of the said witnesses, it was revealed that their statements had not been shattered by defence, rather the defence had failed to cross-examine the said witnesses about their presence at the place of occurrence, meaning thereby the statements of said witnesses to that extent had gone unchallenged---Said witnesses were natural witnesses and they had faithfully deposed what they had seen and heard from the accused at the time of occurrence, thus their statements were reliable and confidence inspiring---Circumstances established that the prosecution had proved its case against the accused, however, due to some mitigating circumstances, the sentence was reduced from life imprisonment to 14 years---Appeal against conviction was dismissed with said modification in sentence.

Shabbir Hassan vs The State through Fida Ali S — 2025 PCrLJ 532 Gilgit-Baltistan Chief Court

Case information

Judgment text as reported

Other judgments reported in 2025 PCRLJ