MUHAMMAD EJAZ alias AJJU vs State Ss — 2022 PCrLJ 1102 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD EJAZ alias AJJU VS State Ss. 302(b), 148 & 149---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, rioting armed with deadly weapon, unlawful assembly, act of terrorism---appreciation of evidence---Sentence, reduction in---accused was charged that he along with co-accused committed murder of nephew of the complainant by firing---Complainant and his maternal nephew while claiming themselves to be the eyewitnesses of the occurrence stated in their statements before the trial court regarding role of the accused that he made fire shot with his pistol hitting on the left side of chest of deceased---Second fire shot made by co-accused hit on the abdomen of deceased---Fire shots made by remaining co-accused with their pistols hit on right thigh, knee and shin of deceased---after the occurrence, accused was apprehended with motorcycle at the spot by Police Constable who had supported both the eye-witnesses---Said three witnesses were cross-examined at length but their evidence could not be shaken during the process of cross-examination---Said witnesses corroborated one another on all material aspects of the case---Witnesses had established their presence at the time of occurrence at the place of occurrence with their stated reasons---Evidence of said witnesses was straightforward, trustworthy and confidence inspiring---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt, however, accused along with his co-accused was attributed firearm injuries on the person of deceased---Not discernible as to which of the accused was responsible for the fatal injuries to the deceased---Generally sentence of death was withheld by way of abundant caution, in circumstances---Sentence was altered from death to imprisonment for life---appeal was dismissed with said modification in sentence.

MUHAMMAD EJAZ alias AJJU vs State Ss — 2022 PCrLJ 1102 LAHORE-HIGH-COURT-LAHORE

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