MUJAHID KHAN vs State — 2026 SCMR 998 SUPREME-COURT

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MUJAHID KHAN VS State. Ss. 302(b), 302(c), 109 & 34---Qatl-i-amd, abetment, common intention---Reappraisal of evidence---Extenuating circumstances---Trial Court convicted the accused and sentenced him to death---High Court converted the death sentence into imprisonment for life---Validity---Accused/petitioner was charged for committing murder of the son of complainant by firing---Occurrence took place in the heat of the moment, without any premeditation or planning---Initial cause of the incident was the annoyance arising from the deduction in the price of the pedi crop by the father of the petitioner-convict, which led to a spontaneous altercation and grappling between the parties---Incident occurred at the doorstep of the house of the petitioner-convict---To some extent the motive i.e. settlement on price of the pedi crop between the parties and the mode and manner of the occurrence had not been honestly placed by the prosecution before the Court---Significantly, the petitioner-convict, at the initial stage, was involved in a grappling/altercation with the deceased and others, which clearly indicated absence of premeditation or intention to kill---Act of firing was a spontaneous reaction in a heated moment---Moreover, only a single fire shot was fired and no acts of undue brutality were inflicted upon the deceased---Peculiar facts and circumstances of the case clearly fell within the ambit of Section 302(c), P.P.C, and not Section 302(b), P.P.C---Thus, the conviction and sentence of the petitioner-convict under Section 302(b), P.P.C were set-aside, however, he was convicted under Section 302(c), P.P.C and sentenced to undergo rigorous imprisonment for 15-years---With said modification in sentence, appeal was partly allowed.

MUJAHID KHAN vs State — 2026 SCMR 998 SUPREME-COURT

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