Case Details

Citation(s)
2017 SLG 2613 2017 SLD 2613 2017 PCRLJ 491
Lahore High Court
Criminal Appeals Nos. 907, 906 of 2013 and Murder Reference No. 392 of 2014, heard on 07-12-2016.
SADAQAT ALI KHAN, JUSTICE SHEHRAM SARWAR CH., JUSTICE
Petitioner(s) by: Shahid Azeem, Yahya Tariq Cheema and Ali Muhammad Zahid.
Respondent(s) by: Munir Ahmad Sial, Malik Rab Nawaz

HASSAN ALI AND ANOTHER

VS

THE STATE AND OTHERS

Law: Pakistan Penal Code, 1860

Section: 34,302(b)

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Delay of about one hour in lodging FIR---Place of occurrence was at a distance of five kilometers from the police station---FIR was chalked out within fifty five minutes after the incident---Circumstances established that matter was reported to the police with due promptitude, which ruled out the chances of fabrication and consultation on the part of complainant. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Sentence, reduction in---Ocular account supported medical evidence---Allegations against the accused persons were that accused party made straight firing with their .30-bore pistols, which hit on different parts of the body of deceased---Ocular account was furnished by complainant and the witness; no material discrepancy in their statement was found---Statement of said witnesses corroborated each other on all material aspects of the case and despite lengthy cross-examination, nothing beneficial to the defence could be extracted---Evidence of eye-witnesses was quite natural, trustworthy and confidence inspiring---No chance of misidentification of the accused persons was available as the occurrence took place in daylight---Case of prosecution was that one fire landed on right bicep and another fire landed on right flank of the deceased---Report of post-mortem of deceased also showed two entry wounds on the person of deceased---Circumstances established that ocular account to the extent of accused persons was fully supported by medical evidence---Conviction was maintained, sentence of accused was altered from death to imprisonment for life in circumstances---Conviction and sentence of co-accused were maintained in circumstances. (c) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Interested witness---Ocular account furnished by witnesses having relationship with the deceased---Reliance---Scope---Allegations against the accused persons were that accused party made straight firing with their .30-bore pistols, which…
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