Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: Sultanat Khan VS Respondent: State and complainant
Court Name: Peshawar High Court Judge(s): Ishtiaq Ibrahim Title: Sultanat Khan vs State and complainant Case No.: Jail Criminal Appeal No. 233-M/2016 With Murder Reference No. 08-M/2016 Date of Judgment:2017-11-28 Reported As: 2017 PHC 1191 Result: Appeal Dismissed
Judgment ISHTIAQ IBRAHIM, J.- For reasons to be recorded later on in the detailed judgment, this appeal is partially allowed, the impugned judgment dated 12.11.2016 rendered by the learned Sessions Judge/Zilla Qazi, Shangla Camp Court at Swat, in case F.I.R No. 424 dated 20.10.2014 under Sections 302/324 PPC registered at Police Station Bisham, District Shangla, is modified and consequently conviction of the appellant Sultanat Khan son of Abdul Sattar is converted from 302 (b) PPC to 302 (c) PPC and his sentence is reduced from death to 14 (fourteen) years rigorous imprisonment. The compensation of Rs.200,000/- imposed upon the appellant under Section 544-A, Cr.P.C as well as his conviction and sentences of imprisonment and fine under sections 324 & 337-F(iii) P.P.C shall remain intact. All the sentences shall run concurrently . Benefit of Section 382-B, Cr.P.C is extended to the appellant. Murder Reference No.08-M/2016 is answered in Negative. The connected JCr.A No. 234-M/2016 is dismissed, conviction of the appellant under Section 13 A.0 in case F.I.R No. 425 dated 20.10.2014 of Police Station Bisham is maintained, however , by means of discretion contained in Section 397, Cr.P.C, the sentence awarded to the appellant for the said offence shall run concurrently alongwith the sentences under Sections 302/324/337-F(iii) P .P.C with benefit of Section 382-B, Cr .P.C.