RASHED alias CHAND vs State Ss — 2022 PCrLJ 664 LAHORE-HIGH-COURT-LAHORE

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

RASHED alias CHAND VS State Ss. 302(b) & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qanun-e-Shahadat (10 of 1984), art. 22---Qatl-i-amd, common intention, act of terrorism---appreciation of evidence---Test identification parade free from any lacunas or procedural defects---accused were charged for committing murder of the brother of the complainant by firing---accused were arrested by Investigating Officer and when they made disclosure about their involvement in the instant crime, their faces were covered immediately and they were shifted to Police Station---On the following day, the accused were produced in the anti-Terrorism Court along with an application for lodging them in judicial custody so as to hold their identification parade---Said facts reasonably evinced that all necessary precautions were taken by police so as to exclude any possibility of interaction of eye-witnesses with the accused---Memo of identification showed that best possible measures were taken by the Magistrate to ensure that eye-witnesses should not have even a glimpse of suspects/accused before the identification parade proceedings---Further, identification parade of each accused was held separately which further provided credibility to the proceedings---all the accused were identified by the eye-witnesses in reference to the roles performed by them and more importantly co-accused was burdened with the responsibility of inflicting fatal pistol shot injury to the deceased---No anomaly was discernible from the identification test proceedings which might be persuaded the court to discard it---Identification proceedings were free from any shortcoming or lacuna, thus were to be accepted---Circumstances established that the prosecution had proved its case beyond any shadow of doubt---However, death sentences of two accused were converted into life imprisonment due to mitigating circumstances and death sentence of third accused was maintained---appeal was dismissed with said modification in sentences.

RASHED alias CHAND vs State Ss — 2022 PCrLJ 664 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2022 PCRLJ