AMIR KHAN vs State Ss — 2025 SCMR 1572 SUPREME-COURT

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AMIR KHAN VS State Ss. 302(b) & 302(c)---Qatl-i-amd---Re-appraisal of evidence---Ocular account supported by medical evidence---Petitioner allegedly committed murder of the deceased by firing---Ocular account of the incident was furnished by the complainant and a witness, both of whom were natural witnesses, being related to the deceased and present at the scene of occurrence---Said witnesses had categorically and consistently attributed a solitary firearm injury to the petitioner, which was inflicted upon the deceased during a physical altercation---Incident having occurred in broad daylight, left no room for mistaken identity---Testimony of the eyewitnesses was coherent and consistent not only with each other but also with the medical evidence on all material particulars, including the date, time, and location of the occurrence---Both the eye-witnesses had stated unequivocally that the deceased had purchased a SIM from the petitioner a day prior to the incident---Upon discovering that the SIM contained no balance and the petitioner's refusal to accept responsibility, an exchange of hot words ensued, followed by a physical grappling initiated by the deceased---Moreover, it was in the heat of that altercation that the petitioner drew a pistol from a drawer of his shop and fired a single shot at the deceased, which struck the deceased on the left flank---Medical evidence, as provided by Medical Officer, who conducted the post-mortem examination, fully supported/corroborated the ocular account---Circumstances established that the prosecution proved its case against the accused-petitioner, however, in view of the totality of circumstances including the absence of premeditation, the sudden and spontaneous nature of the occurrence, the fact that only a single shot was fired by the petitioner/convict, the unarmed status of the deceased, and the consistency between the ocular and medical evidence, Court was persuaded to hold that the case of the petitioner squarely fell within the ambit of Section 302(c), P.P.C.---Conviction of the petitioner/convict recorded under Section 302(b), P.P.C. through the impugned judgment was altered to one under Section 302(c), P.P.C.---Accordingly, the sentence of imprisonment for life awarded to the petitioner/convict was reduced to rigorous imprisonment for fourteen years---Consequently, the jail petition was converted into an appeal and was partly allowed.

AMIR KHAN vs State Ss — 2025 SCMR 1572 SUPREME-COURT

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