SHAHID IQBAL vs State — 2026 SCMR 1178 SUPREME-COURT

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SHAHID IQBAL VS State. Ss. 302(b), 302(c) & 34---Criminal Procedure Code (V of 1898), S. 342---Qatl-i-amd, common intention---Re-appraisal of evidence---Specific plea of exercise of self defence---Scope---Accused-petitioner was charged that he along with his co-accused persons committed murder of the brother of complainant by firing---Admittedly the occurrence took place in-front of the house of the petitioner situated in a village of District S-(Sialkot)---Deceased and the witnesses were residents of District G-(Gujranwala)---Therefore, it was clear that the deceased came from a different village/district to the village/district of the petitioner---Claim of the petitioner right from the start of this case was that deceased, who was brother-in-law of the petitioner, was the aggressor and he even earlier caused injuries with Churri to the brother of the petitioner but no FIR of the said incident was lodged due to close relationship with the deceased---Petitioner further claimed that on the day of occurrence, deceased, while armed with a sword, came to his house and attempted to take his life, the deceased caused an injury on his left upper arm, where-after petitioner and his family members closed the main gate of their house but deceased tried to scale over the wall and enter the house of the petitioner and under the circumstances, petitioner while apprehending danger to his life made fire shots at the deceased, in his defence---As per column Nos.23 and 24 of the inquest report, a sword was lying near the dead-body of deceased---Even in the site plan, a sword had been shown lying near the dead-body of the deceased---Moreover, Medical Officer had produced the Medico-Legal Report of the petitioner, wherein an incised wound was noted on the left arm of the petitioner---Medical Officer also stated that on next day of occurrence, at 04.00 am, he medically examined petitioner and noted the said injury on his body in the Medico-Legal Report, whereas the probable time that elapsed between the injury and medical examination of the petitioner was mentioned in the report as eleven (11) hours---Said time coincided with the time of occurrence of this case, which took place on 07.01.2011, at 6.00 p.m.---Even the Investigating Officer of the case had conceded all the said facts in his deposition---Investigating Officer further conceded that it was found in his investigation that the deceased attempted to scale over the wall of the petitioner's house in order to attack the petitioner, whereupon the petitioner first made two aerial fire shots with his 12-bore gun to scare away the deceased but the same proved to be in vain and thereafter the petitioner made fire shots while exercising the right of his private defence---It was notable that the injury on the body of the petitioner was not disclosed in the contents of the FIR, which showed that the complainant party had concealed material facts at the time of lodging the FIR---It was evident that the petitioner was attacked upon by deceased on the day and time of occurrence during which petitioner was injured and petitioner in order to save his life while exercising the right of private defence made fire shots on the deceased but as the petitioner exceeded the right of self-defence by causing three firearm injuries on the bodyof the deceased, therefore, his case fell within the ambit of Section 302(c), P.P.C---Resultantly, the conviction and sentence of the petitioner under Section 302(b), P.P.C, was set-aside, however, petitioner was convicted under Section 302(c), P.P.C, and sentenced to 14-years imprisonment---Petition was converted into an appeal and partly allowed.

SHAHID IQBAL vs State — 2026 SCMR 1178 SUPREME-COURT

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