GHAFFAR ALI vs State Ss — 2021 SCMR 354 SUPREME-COURT

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GHAFFAR ALI VS State Ss.302(b) & 324---Criminal Procedure Code (V of 1898), S.382-B---Qatl-i-amd, attempt to commit qatl-i-amd---Reappraisal of evidence---Sentence, reduction in---Death sentence reduced to imprisonment for life---Mitigating circumstances---Spur of the moment quarrel---Benefit of S. 382-B, Cr.P.C.---Occurrence took place suddenly at the spur of the moment after a quarrel between the accused, the complainant and a deceased person broke out, where after the accused fired indiscriminately---Such ground could be mitigating factor and the High Court rightly extended such benefit to the accused by altering the sentence of death on three counts to imprisonment for life on three counts---However the High Court had withheld the benefit of S. 382-B, Cr.P.C. which was against the mandate of the said provision, hence the benefit of S. 382-B, Cr.P.C. was to be extended to the accused---With the said modification, petition for leave to appeal was dismissed and leave was refused. Citation Name: 2021 SCMR 354 SUPREME-COURTBookmark this Case GHAFFAR ALI VS State Ss. 302(b) & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Reappraisal of evidence---Occurrence took place in broad day light during a marriage ceremony---According to the prosecution, occurrence took place at 4 p.m., whereas the injured and deceased were shifted to the hospital where injured was medically examined at 5.10 p.m.---Report was lodged to the police in the hospital at 5.10 p.m. and formal FIR was chalked out at 5.40 p.m.---So within one hour and ten minutes of the occurrence the injured and the deceased were shifted to the hospital and police arrived there and matter was reported by the complainant to the police---Hardly any time was left in between for consultation and deliberation---Prosecution relied upon two eye-witnesses, one of whom was the groom and the other his uncle, therefore their presence at the spot was established-- Both said witnesses were related to the deceased persons and also the accused; both had no reason to falsely implicate the accused, and both remained consistent on each and every material point in their testimony---Postmortem of all three deceased was conducted on the same day---Medical evidence fully supported the ocular account qua the weapon used, seat of injury, duration etc.---According to the report of Forensic Science Laboratory all the fifteen crime empties were fired from one and the same weapon in view of the similarity of major points, striker pin marks, breach face marks, ejector marks, magazine marks etc.---Conduct of the petitioner was also an important circumstance as he escaped from jail during a terrorist attack on the jail, and remained an outlaw for seven years---Such noticeable and unexplained abscondence gave strong corroboration to the ocular account---Prosecution had proved the case against the accused beyond any doubt---Convictions of accused under Ss. 302(b) & 324, P.P.C. were maintained.

GHAFFAR ALI vs State Ss — 2021 SCMR 354 SUPREME-COURT

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