Mohsin Shamim vs State — 2026 YLR 606 SUPREME-COURT-AZAD-KASHMIR

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Mohsin Shamim VS State. Ss. 302(b), 324, 109, 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, rioting, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Accused was charged for committing murder of the brother of complainant by firing and also causing fire arm injuries to his other brother---In the instant case, the Trial Court awarded death sentence as 'Tazir' to the convict-appellant while the High Court converted the death sentence into life imprisonment---Both the parties had stressed on the quantum of sentence---Convict-appellant wanted lesser punishment, whereas, the complainant party wanted restoration of death sentence as 'Tazir' awarded by the Trial Court---High Court while attending this vital point had dived deep for drawing the conclusion that due to withholding the best piece of evidence and some other mitigating circumstances, the death sentence as 'Tazir' was modified into life imprisonment---After perusal of the entire record as well as the evidence, in the interest of justice, it was the opinion of Court that the witnesses cited in the challan, who could be treated as impartial witnesses, had not been produced before the Court---Thus, according to the statutory provision of Art.129 of Qanun-e-Shahadat, 1984, inference could be drawn against the prosecution that such evidence had been withheld being non-supportive to the prosecution's case---Thus, in the light of the peculiar facts of the case, the High Court had rightly converted the death sentence into life imprisonment vide impugned judgment---Even otherwise, the High Court had converted the death sentence as 'Tazir' into life imprisonment which was also a legal and normal punishment provided by law---Thus, in the light of the statutory provisions as well as principle of law enunciated by the apex Court, it could safely be concluded that in the punishment as "Ta'zir" for qatl-i-amd, the sentences of death and life imprisonment were alternative and both were normal sentences---Appeals against conviction, having no force, were dismissed, in circumstances.

Mohsin Shamim vs State — 2026 YLR 606 SUPREME-COURT-AZAD-KASHMIR

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