| Citation(s) |
|---|
| 2023 SLG 2410 2023 SLD 2410 2023 PLJ 338 |
Supreme Court of Pakistan
J.P. No. 206 of 2019, decided on 8.5.2023. (On appeal against the judgment dated 11.03.2019 passed by the Lahore High Court, Rawalpindi Bench in Criminal Appeal No. 394 of 2018)Date of hearing: 8.5.2023.
Present: YAHYA AFRIDI AND SAYYED MAZAHAR ALI AKBAR NAQVI, JJ.
Syeda B.H. Shah, ASC for Petitioner. Mirza Abid Majeed, D.P.G. for State
J.P. No. 206 of 2019, decided on 8.5.2023. (On appeal against the judgment dated 11.03.2019 passed by the Lahore High Court, Rawalpindi Bench in Criminal Appeal No. 394 of 2018)Date of hearing: 8.5.2023.
Present: YAHYA AFRIDI AND SAYYED MAZAHAR ALI AKBAR NAQVI, JJ.
Syeda B.H. Shah, ASC for Petitioner. Mirza Abid Majeed, D.P.G. for State
MUHAMMAD IJAZ--Petitioner
VERSUS
STATE--Respondent
Law: Penal Code (XLV of 1860)
Section: 302
Law: Qanun-e-Shahadat (10 of 1984)
Section: 19
Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302--Qatl-i-amd--Res gestae--Related witness--Natural witness--Medical evidence--Minor discrepancy--Recovery of weapon--PFSA report--Absconder--Motive--Imprisonment of life--Matter was reported to the police on the same day--PW-14 and Abdul Latif (PW-15) had heard the gunshot and witnessed the petitioner fleeing away from the place of occurrence after commission of offence while he was having a pistol in his hands. Evidence of these witnesses is in the nature of waj takar--Prosecution witnesses were residents of the same locality--These witnesses have given all necessary details of occurrence qua the date, time, place, name of accused, name of witnesses, manner of occurrence, kind o weapon used to the occurrence, locale of injuries and the motive of occurrence. These PWs remained consistent on each and every material point--Medical evidence available on the record further corroborates the prosecution case--Discrepancies are of minor character and do not go to the root of the prosecution story--Report of the Punjab Forensic Science Laboratory is negative, therefore, the recovery of weapon of offence is inconsequential--Petitioner remained absconder for a long period of more than five, years, which is also a corroboratory piece of evidence against him--Learned High Court has correctly appreciated the material aspects of the case--This petition, which is dismissed and leave to appeal is refused. Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Art. 19--Res gestae--The probative strength of which rests in the doctrine of res gestae in view of Article 19 of the Qanun-e-Shahadat Order, 1984--Doctrine of res gestae is based upon the assumption that statements of witnesses that constitute part of the res gestae are attributed a certain degree of reliability because they are contemporaneous making them admissible by virtue of their nature and strength of their connection with a particular even and their ability to explain it comprehensively. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302--Qatl-i-amd--Related witness--Natural witness--These PWs were related with the deceased but the law in this regard is well…
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