MUHAMMAD AKHTAR vs State Ss — 2022 PCrLJ 591 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD AKHTAR VS State Ss. 302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Plea of self-defence---Scope---Accused were charged for committing murder of the brother of the complainant---Accused had admitted the occurrence but had come up with a defence version---One witness was also produced in evidence in his defence---Defence version could not be established in any manner for the reason that it had nowhere come in the evidence that complainant party carried any sort of weapon with them when purportedly they launched attack on the accused party---Said being the position, there was no justification at all for the accused to have exercised the right of self-defence---Scrutiny of the medical evidence had proved that both the shots were fired by accused alone---Had accused fired in exercise of self-defence, he could only use the force which was sufficient to ward off the attack, but in the present case, since the complainant party had no weapon with them, therefore, repeated fire shots by him by no means advanced his plea of self-defence nor the medical evidence supported that pistol went off and fire accidentally hit the deceased, in that case it must have only one fire---Accused, in order to prove his plea, did not enter on to his defence while appearing as his own witness under S. 340(2), Cr.P.C., nor filed written statement as required under S. 265-F, Cr.P.C., therefore, calling of defence witness directly somewhat raised question about legality of such evidence---Having failed to establish the plea of self-defence, there was no other view except to hold that in fact it was accused who had made repeated fire shots on deceased and that fact stand fully established through the prosecution evidence---Accused had not brought on record his stance and defence witness in the process through formal ways---Plea of accused could not be substantiated during the trial which disentitled him to claim acquittal---Circumstances established that the prosecution had proved its case---Appeal against conviction was dismissed accordingly.

MUHAMMAD AKHTAR vs State Ss — 2022 PCrLJ 591 LAHORE-HIGH-COURT-LAHORE

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