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However, In the event the same person were charged with section 300 and 302, their defence that they never meant to kill the person – and that They simply planned to injure them or incapacitate them –, will fail, since the elements of the offence only require the intent to cause injury to become proven, not the intention to cause death.
4. It's been noticed by this Court that there is usually a delay of someday during the registration of FIR which hasn't been explained through the complainant. Moreover, there is no eye-witness from the alleged event as well as the prosecution is depending on the witnesses of extra judicial confession. The evidence of extra judicial confession of the petitioners has become tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of them namely Ghulam Dastigir and Mohammad Akram happened to generally be the real brothers of the deceased but they didn't respond in the least to your confessional statements of the petitioners and calmly observed them leaving, one particular after the other, without even moving an inch. They have not mentioned in their statements that the accused held some weapon when they visited them to confess their guilt about the murder of Ghulam Farid which could have precluded these witnesses from apprehending the petitioners. Their conduct does not search much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there isn't any explanation concerning why her arrest wasn't effected after making from the alleged extra judicial confession. It has been held on numerous instances that extra judicial confession of the accused is a weak sort of evidence which could be manoeuvred through the prosecution in any case where direct connecting evidence does not occur their way. The prosecution can be depending on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal did not say a word regarding presence of some light with the place, where they allegedly noticed the petitioners with each other with a motorcycle at four.
maintaining the conviction awarded for the appellant reduce the sentence of your appellant from imprisonment for life to one already undergone(Pakistan Penal Code)
94 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It is effectively-settled that the civil servants must first go after internal appeals within ninety times. In case the appeal is not decided within that timeframe, he/she will then strategy the service tribunal to challenge the first order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as being the 90 days for your department to act has already expired. On the aforesaid proposition, we've been guided because of the decision in the Supreme Court during the case of Dr.
The ICAP Staff Service Rules, 2011 were framed with the respondent/Institute, these rules might not click here have the operates within a transparent legal and regulatory framework on the respondent/Institute. fourteen. In view of what has been discussed earlier mentioned, without touching the merits in the case, the preliminary objection regarding the maintainability in the petition is sustained and the petition is held to generally be not maintainable in terms of Article 199 with the Constitution with the reason that non???statutory rules of service cannot be enforced through writ of mandamus in terms of ratio from the judgment passed with the Supreme Court while in the case of Pakistan Electric Power Company supra. Read more
Retribution: Section 302 PPC also serves the purpose of retribution, where society seeks justice with the loss of a life. It allows the legal system to impose a proportional punishment over the offender, making certain They may be held accountable for their actions.
In almost any society, the enforcement of legislation and order is essential to maintain peace and protect its citizens. Among the most serious crimes that can disrupt this harmony is murder. In Pakistan, Section 302 with the Pakistan Penal Code (PPC) deals with the punishment for murder, and its enforcement is important to be sure justice prevails.
P.C. Liability of petitioners to the said offences would be determined because of the figured out trial Court after sifting the evidentiary really worth from the material produced before the same. Till then, case of
This case continues to be cited in numerous subsequent judgments, particularly in cases involving constitutional legislation, judicial independence, as well as rule of regulation.
Legal Defenses: An accused person charged under Section 302 PPC can present legal defenses for instance self-defense, insanity, or accidental killing, which may lead to reduced charges or acquittal.
کیا ایف آئی آر درخواست گزار کی رپورٹ پر درج کی گئی تھی اور اگر ہاں تو کیا اسے اس کے خلاف ثبوت کے طور پر استعمال کیا جا سکتا ہے؟
104 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It truly is properly set up now that the provision for proforma promotion is not alien or unfamiliar into the civil servant service construction but it is already embedded in Fundamental Rule 17, wherein it can be lucidly enumerated that the appointing authority may if content that a civil servant who was entitled for being promoted from a particular date was, for no fault of his very own, wrongfully prevented from rendering service on the Federation/ province inside the higher post, direct that these civil servant shall be paid the arrears of pay out and allowances of these higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
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