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Shahid Ali alias Makhi vs State Ss — 2025 PCrLJ 555 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2025 PCrLJ 555 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2025
Reporter
PCRLJ
Parties
Shahid Ali alias Makhi vs State Ss
Subject matter
Criminal
Provisions referred to
S. 342; S. 315; S. 316; 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

Shahid Ali alias Makhi VS State Ss. 302(b), 316 & 34---Qatl-i-amd, qatl shibh-i-amd common intention---Appreciation of evidence---Specific plea taken by accused---Accused was charged for committing murder of the son of complainant by giving kicks and fists blows---Appellant in his S.342, Cr.P.C statement had seriously claimed that instead of him, three other accused had committed the murder of deceased---In this regard, the eye-witnesses remained consistent throughout that the appellant was principal accused who gave kicks and fists blows to the deceased and subsequently medical evidence proved that one of those kicks and fists blows proved fatal and left no room for the survival of deceased---Defence miserably failed to shatter the evidence of said eye-witnesses---Version adopted by the appellant appeared to be an afterthought story fabricated by him in order to save his skin---When an accused takes a particular stance, onus to prove such stance shifts upon him---In the present case, the defence did not produce any evidence in support of the plea of the appellant---Hence, defence had failed to substantiate its version---Circumstances established that case of the appellant fell within the scope of "qatl shibh-i-amd" as defined in S.315, P.P.C. and made punishable under S.316, P.P.C.---Thus, the conviction and sentence awarded by the Trial Court to the appellant on the charge under S.302(b) P.P.C. was set aside and while convicting him under S.316, P.P.C., he was sentenced to undergo rigorous imprisonment for a period of 10-years on account of committing qatl shibh-i-amd of deceased---Appeal was dismissed with modification in the conviction and sentence of the appellant.

Other judgments reported in 2025 PCRLJ

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