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MUHAMMAD IDREES vs State Ss — 2021 YLRN 48 SUPREME-COURT-AZAD-KASHMIR

Case information

Citation
2021 YLRN 48 SUPREME-COURT-AZAD-KASHMIR
Court
Supreme Court of Pakistan
Year
2021
Parties
MUHAMMAD IDREES vs State Ss
Subject matter
Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD IDREES VS State Ss. 302, 324, 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Sentence, reduction in---Ocular account was not corroborated by medical evidence---Scope---Allegation levelled against the accused was that they armed with 30-bore pistols attacked upon a peaceful procession and killed three innocent persons and injured many others---High Court observed that accused armed with firearm weapons attacked from the front side and made reckless firing upon the complainant party---Usually in such a situation, it was difficult to watch the role of every assailant, especially in a crowd---In the present case, the eye-witnesses narrated the story in the manner that they had seen the whole episode minutely which could not be believed with certainty and did not appeal to a prudent mind---Eye-witnesses in their statements had stated that the co-accused fired a shot which hit at the chest of the deceased, however, according to the post-mortem report the entry wound was found at the back side of the deceased---When the eye-witnesses stated that in their presence the accused hit at the chest of the deceased then it could be said that the post-mortem report also did not corroborate the version of the eye-witnesses---Appeals against conviction were partly accepted and the sentences awarded to the accused were converted to the sentences already undergone.

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