ZULFIQAR AHMAD vs State S — 2022 MLD 978 LAHORE-HIGH-COURT-LAHORE

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ZULFIQAR AHMAD VS State S.302(b)---Criminal Procedure Code (V of 1898), S. 342---Qatl-i-amd---Appreciation of evidence---Defence plea---Scope---Accused was charged for committing murder of the deceased by firing---First portion of defence plea adopted by accused was that the complainant party tried to snatch Kalashnikov which was triggered accidently, but keeping in view the nature of firearm used during the occurrence, the said plea appeared to be absurd and ridiculous---Besides, defence had no satisfactory explanation that if the accused had no intention to commit that tragic incident, then why he had brought the fully loaded Kalashnikov with him---Kalashnikov being on automatic mode could not have been triggered accidently, therefore, the version of accused that trigger was accidently pressed did not appeal to mind---Other part of defence plea was that the deceased lost his life due to negligence of complainant and the doctor, but even that plea was not established from the record as it was part of the record that the deceased, in an injured condition, was shifted to the Hospital in order to save his life but firearm injuries inflicted by the accused on his person did not let him survive---Even otherwise, keeping in view the provisions of Art. 121 of the Qanun-e-Shahadat, 1984, the onus to prove his defence plea was squarely shifted upon the accused but he had failed to discharge that onus inasmuch as he had neither made any statement on oath under S.340(2), Cr.P.C. nor produced any witness in his defence to support the version of the incident advanced by him---Defence plea could not save the accused from the consequence of his deliberate and intentional act of committing murder of deceased---Circumstances established that the prosecution had proved its case against the accused beyond the shadow of doubt---Appeal against conviction was dismissed accordingly.

ZULFIQAR AHMAD vs State S — 2022 MLD 978 LAHORE-HIGH-COURT-LAHORE

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