2011 SCMR 1026 (PLP)
MOHIM KHAN — Appellant Versus THE STATE — Respondent
| Citation | 2011 SCMR 1026 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Khalil-ur-Rehman Ramday, Nasir-ul-Mulk and Ch. Ijaz Ahmed, JJ |
| Parties | MOHIM KHAN — Appellant Versus THE STATE — Respondent |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2011 SCMR 1026 (PLP)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 SCMR 1026 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Khalil-ur-Rehman Ramday, Nasir-ul-Mulk and Ch. Ijaz Ahmed, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 SCMR 1026 (PLP) (MOHIM KHAN — Appellant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Zaman Bhatti, Advocate Supreme Court for Appellant.
- Date of hearing: 23rd October, 2009.
Headnotes / Summary
(On appeal from the judgment of, High Court of Balochistan, Quetta dated 11-12-2006 passed in Criminal Jail Application 87 of 2003 and Murder Reference No. 14 of 2003).
S. 302(b)
Record did not even remotely indicate implication of accused in the case due to any previous enmity or dishonest motive
Occurrence had gone unwitnessed, but the confession made by accused under S. 164, Cr.P.C. rang true and sounded believable and had been rightly trusted by the Trial Court as well as by the High Court
Conviction of accused was consequently maintained
Judicial confession had transpired that the deceased prior to the occurrence while armed with a kalashnikov, had surreptitiously entered the house of accused at mid night, but had then run away when the inmates of the house had woken up and the accused at that time did not interfere because of being empty handed
Accused on account of said grouse had ultimately caused the murder of the deceased
Immoral or improper act of the deceased himself had led or at least contributed to ,his ultimate murder
Imposition of normal penalty of death on the accused, in the circumstances, was not warranted
Sentence of death awarded to accused was set aside and instead he was sentenced to imprisonment for life accordingly. Nemo for the State.
Judgment & Decree
KHALIL-UR-REHMAN RAMDAY, J.-Nothing exists on record which could even remotely indicate that Mohim Khan appellant had been implicated in this case on account of any previous enmity or on account of any dishonest motive. The occurrence in question had obviously gone un-witnessed. The honesty of the prosecution case is reflected by the fact that the complainant had, through the F.I.R. lodged by him, initially laid suspicion on one Shahnawaz and it was during the course of investigation that it transpired that the murder in question had been committed by Mohim appellant. He made a confessional statement before Mr. Shakil Ahmed, the learned Judicial Magistrate (P.W.6) which confessional statement had been examined, tested and then trusted by the two learned Courts i.e. by the trial Court and the High Court.
2. We have gone through the record and have also re-considered the worth and the validity of the said confession made under section 164, Cr.P.C. and could not find any reason which could justify our deviation from the concurrent conclusions drawn by the said two Courts vis-a-vis the said confession. The same rings true and sounds believable. The said conviction recorded against Mohim appellant under section 302(b), P.P.C. is therefore maintained.
3. From the same judicial confession, it transpires that Abdul Ghafoor deceased had, two or three months prior to the present occurrence, surreptitiously entered the house of the appellant at about midnight but had then run away when the inmates of the house had woken up; that the appellant had not said anything to the said deceased at that time because the deceased was then armed with a Kalashnikov and the appellant was empty handed and that it was on account of the said grouse that Mohim appellant had ultimately caused the murder of the deceased. It thus appears that it was some immoral or improper act of the deceased himself which had led or had at least contributed to his ultimate murder. In the circumstances, we are of the view that imposition of the normal penalty of death on the appellant is not warranted. The said sentence of death is, therefore, set aside and instead he is directed to suffer a sentence of imprisonment for life on the said charge. He shall be allowed the benefit of the provisions of section 382-B, Cr.P.C.
4. This appeal is disposed of in the above terms. N.H.Q./M-126/SC Sentence reduced.