KHALID MEHMOOD vs State Ss — 2022 MLD 1848 LAHORE-HIGH-COURT-LAHORE

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KHALID MEHMOOD VS State Ss.302, 324, 337-F(iii) & 449---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah-mutalahimah, house-trespass in order to commit offence punishable with death---Appreciation of evidence---Sentence, reduction in---Unreliable eye-witness---Scope---Accused was charged for intruding into the house of complainant while armed with a pistol and committed murder of 13 years aged nephew of complainant, during the incident complainant and his bhabi (siser-in-law) also received injuries from the pistol shots fired by accused---Though, the complainant claimed to be the inmate of the same house and was in receipt of injury during the incident but an anomaly was noted from his deposition which made him a suspect witness---Site-plan in the case was prepared upon the pointation of witnesses, which was even acknowledged by them during trial---As per site-plan complainant received firearm injury while he was at a distance of nine feet from the accused---Complainant was medically attended by Medical Officer who noticed a bellet shaped metallic body in the left hemithorax which was simply muscle deep---Had that bullet been fired from close proximity of nine feet, its led should have at least penetrated into the thorax region of complainant---Said foregoing shortcoming became more glaring when seen in the context that Medical Officer stated in unequivocal terms that the bullet was fired from a long distance---Derived from the said lacuna, court was constrained to hold that deposition of complainant was a suspect evidence---Complainant received firearm injury in the manner and background suppressed by him, thus it would be against all norms of justice to accept his evidence for awarding conviction to the accused---Moreover, it would go without saying that credibility of a witness was not divisible in nature---On the touchstone of the same principle, High Court observed that since complainant was found to have deposed falsely about the manner and mode in which he received injury, thus it would not be in accordance with the dictates of justice to consider his testimony for awarding conviction to the accused---Circumstances established that the prosecution had proved its case but due to non-proving of motive part of the occurrence, the sentence was reduced to imprisonment for life---Appeal against conviction was dismissed with modification in sentence.

KHALID MEHMOOD vs State Ss — 2022 MLD 1848 LAHORE-HIGH-COURT-LAHORE

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