MUHAMMAD HAYAT vs State art — 2021 SCMR 92 SUPREME-COURT

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MUHAMMAD HAYAT VS State art. 22---High Court (Lahore) Rules and Orders, Vol. III, Part-C---Test identification parade---Scope---Omission of assailants' features in the crime report---Whether such omission was a ground to discard the test identification parade---Held, that Part C of the High Court (Lahore) Rules and Orders Volume-III did not stipulate any such condition---In the natural course of events, in an extreme crisis situation, encountered all of a sudden, even by a prudent onlooker with average nerves, it would be rather unrealistic to expect meticulously comprehensive recollection of minute details of the episode or photographic description of events or the assailants---Broad identification of the assailants, in the absence of any apparent malice or motive to substitute them with the actual offenders, was sufficient to qualify the requirement of art. 22 of the Qanun-e-Shahadat, 1984. Citation Name: 2021 SCMR 92 SUPREME-COURTBookmark this Case MUHAMMAD HAYAT VS State Ss. 302(b) & 392---Qatl-i-amd, robbery---Shariat appeal---Reappraisal of evidence---Parties had no previous bad blood between them---Incident took place at 8:30 p.m., and the complainant with remarkable promptitude presented written application, converted into First Information Report at 8:45 p.m. at a police station located at a distance of 3/4 kilometers from the venue---One of the deceased, in injured condition, was medically examined under a police docket at 9:30 p.m., soon whereafter autopsies commenced---Such circumstances by them self conclusively established prosecution's bona fides in recourse to law--- Defence was unable to point out even obliquely any collusion, conspiracy or consideration impelling the witnesses to swap innocent persons as culprits---Three Kalashnikovs, recovered upon disclosure of accused persons, were forensically found wedded with the casings secured from the spot barring six with points of dissimilarity, a minor discrepancy insufficient to shake the structure of the case resting upon sound foundations of ocular account through sources unimpeachable and free from taints---On an overall analysis of prosecution evidence, the only possible hypothesis was that of guilt of accused persons---Death sentences awarded to accused persons were maintained--- Shariat appeal was dismissed. Citation Name: 2021 SCMR 92 SUPREME-COURTBookmark this Case MUHAMMAD HAYAT VS State art. 22---Police Rules, 1934, R. 26.32---Test identification parade---Venue---Whether a police station was an appropriate place holding a test identification parade---Held, that the law did not designate any specific place to undertake the exercise of test identification parade---Combined reading of R. 26.32 of the Police Rules, 1934 with art. 22 of the Qanun-e-Shahadat, 1984, did not restrict the prosecution to necessarily undertake the exercise of test identification parade within the jail precincts. Citation Name: 2021 SCMR 92 SUPREME-COURTBookmark this Case MUHAMMAD HAYAT VS State Ss. 302(b) & 392---Qanun-e-Shahadat (10 of 1984), Art. 22---Qatl-i-amd, robbery--- Shariat appeal--- Reappraisal of evidence--- Test identification parade---Accused persons were put to test identification parade under magisterial supervision on the same day of the incident, shortly after their arrest, wherein the witnesses correctly identified them as the ones who targeted the deceased during the robbery --- During such process, each witness distinctly pointed each accused persons for having targeted the deceased---Identification of accused persons by the witnesses, without loss of time, ruled out possibility of manipulation---Argument that darkness may have possibly impeded identity of the assailants was not impressive as headlamps of three motorbikes, recovered during investigation, generated sufficient light to enable the witnesses to capture broad facial features of the assailants, encountered at a close distance---Death sentences awarded to accused persons were maintained---Shariat appeal was dismissed. Citation Name: 2021 SCMR 92 SUPREME-COURTBookmark this Case MUHAMMAD HAYAT VS State Ss. 302(b) & 392--- Qatl-i-amd, robbery--- Shariat appeal---Reappraisal of evidence---Plea of commuting death penalty into imprisonment for life on the ground that simultaneous multiple fire shots by the assailants left no space to possibly determine fatalities distinctly---Held, that the totality of circumstances of present case did not admit any space to divisibly draw any such benign distinction within the realm of human wisdom when all the three assailants in a petty criminal pursuit ruthlessly targeted the deceased in cold blood---Death sentences awarded to accused persons were maintained---Shariat appeal was dismissed.

MUHAMMAD HAYAT vs State art — 2021 SCMR 92 SUPREME-COURT

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