AMEER MUHAMMAD vs State Ss — 2025 YLR 1064 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2025 YLR 1064 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2025
Reporter: YLR
Parties: AMEER MUHAMMAD vs State Ss
Subject matter: Criminal
Provisions referred to: 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

AMEER MUHAMMAD VS State Ss. 302(b), 302(c), 324, 427, 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, mischief causing damage to the amount of fifty rupees, rioting, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Sentence, quantum of---Mitigating circumstances---Accused were charged for committing murder of the deceased and causing injuries to two persons of complainant party--- Both the parties had put their versions---Though the prosecution witnesses substantiated the case of prosecution with regard to murder of the decease by the appellant No.l and making murderous assault upon the injured witnesses by the appellant No.2, but none of the parties came with whole truth and both of them had moulded the episode of occurrence according to their convenience and real cause of the occurrence remained suppressed by the respective parties---From the evidence of the prosecution, corroborated by the circumstantial evidence available in the case, it seemed more likely that the complainant party proceeded towards the disputed place and restrained the appellant No.1 from raising construction on the disputed place, which resulted in firing from both the sides, thus, the case of the appellant No. 1 was covered under S. 302(c), P.P.C., instead of S. 302(b), P.P.C.---In such circumstances, appeal was partly allowed and the conviction of appellant No.1 was converted from Section 302(b) to one under S. 302(c), P.P.C., and his sentence was reduced from life imprisonment to 15 years R.I.---Conviction and sentence awarded to the appellant No.2 was maintained and to his extent appeal was dismissed.

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