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Muhammad Younas vs Usman Ss — 2025 YLR 1888 SUPREME-COURT-AZAD-KASHMIR

Case information

Citation
2025 YLR 1888 SUPREME-COURT-AZAD-KASHMIR
Court
Supreme Court of Pakistan
Year
2025
Reporter
YLR
Parties
Muhammad Younas vs Usman Ss
Subject matter
Criminal
Provisions referred to
S. 17; S. 13---Q; S. 394; 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

Muhammad Younas VS Usman Ss. 302(b), 394, 341, 201, 204, 109 & 34--- Offence against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17(4)---arms act (XX of 1965), S. 13---Qatl-i-amd, voluntarily causing hurt in committing robbery, wrongful restrain, causing disappearance of evidence of offence or giving false information to screen defenders, destruction of document to prevent its production as evidence, abetment, common intention, harabbah, possession of illicit weapon---appreciation of evidence---Offence of robbery---Non-applicability---accused were charged for committing murder of the husband of complainant by firing during robbery---Trial Court, under S.394, aPC, convicted the appellants and sentenced them to 10 years rigorous imprisonment along with a fine of Rs. 10,000/- each---However, S. 394, aPC pertained to voluntarily causing hurt during the commission of robbery---In the present case, the victim succumbed to the injuries, and the convicts had been found guilty under S.302, aPC---Therefore, the offence under S.394, aPC,was not constituted---Thus, accused were acquitted from the charge of robbery accordingly.

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