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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. 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---Bona fide of the complainant---Accused was charged for committing murder of the son of complainant by giving kicks and fists blows---According to the narration of FIR itself, it could be seen that complainant had not himself witnessed the tragedy rather he was informed by witness about the incident, however, he had specifically mentioned therein the names of witnesses, who were present at the place of occurrence at relevant time and had seen the appellant giving kicks and fists blows to the deceased in the backdrop of a grudge of their previous altercation and even while appearing in the witness box before the Trial Court, he did not back-away even an inch from his stance---In this way, complainant had shown his bona fide by not standing up as an eye-witness of the occurrence regarding the murder of his real son---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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