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. 302; S. 315; S. 316

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---Sentence, quantum of---Accused was charged for committing murder of the son of complainant by giving kicks and fists blows---According to the facts and circumstances of the case, the mischief for which the appellant had been handed down a guilty verdict did not come within the purview of "qatl-i-amd" as defined in S.302, P.P.C. rather keeping in view the mode and manner in which the appellant had committed the occurrence by giving kicks and fists blows to the deceased in the backdrop of a grudge of their previous altercation, present case 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.

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