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ABDUL WAHID versus THE STATE


Section 302 (a) and 302 (b) of the Constitution of Pakistan (1973), Article 185 (3) has been alleged in its statement under section 342; CCP has admitted the incident in vague words, the accused. There was no opportunity to act in self-defense, especially none of the complainant's side, including the deceased, was armed with any deadly weapons which in his mind had raised the fear that he would be killed or otherwise. He will be severely hurt if no retaliation is made, no evidence has been presented to prove his words immunity; on the contrary, he has tried his case out of the shadow of a doubt. Well established, the testimony of witnesses at the trial event was fully supported by the medical evidence, the motive, the deceased's declaration, the retrieval of contradictory articles and the report of the firearm expert. The incident on his face seems to be a primatized one that no one has been accused of presenting in the least to record his shortcomings. The courts below the qualification of death, however, inadvertently filed this offense under section 302 (a), PPC, which was converted to section 302 (b), PPC and upheld the death sentence. Accordingly, the Supreme Court denied the appeal.

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