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

Case information

Citation: 2025 SCMR 1572 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: AMIR KHAN vs State Ss
Subject matter: Criminal

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

AMIR KHAN VS State Ss. 302(b) & 302(c)---Qatl-i-amd---Re-appraisal of evidence---Lodgment of F.I.R with promptitude---Petitioner allegedly committed murder of the deceased by firing---From the record and the evidence adduced by the prosecution, it was clear that the occurrence took place within the shop premises of the petitioner on 20.11.2012 at approximately 04:00 p.m.---Matter was reported to the police with commendable promptitude at 05:40 p.m. by the complainant to police, thereby substantially excluding the possibility of deliberation or consultation in falsely implicating the petitioner---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.

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