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---Qatl-i-amd, common intention, act of terrorism---appreciation of evidence---Presence of the eye-witnesses at the spot justified---accused were charged for committing murder of the brother of the complainant by firing---Ocular account of the incident had been furnished by brother and widow of the deceased being eye-witnesses---Widow of the deceased was admittedly the inhabitant of the house, within the four walls of which, her slain husband received the fatal shot---Similarly, brother of deceased was resided adjacent to the house of deceased---From the cross-examination of both the eye-witnesses, the defence failed to bring on record any material so as to challenge their acclaimed presence at the crime scene---Presence of both the said eye-witnesses was found to have been proved unambiguously---Incident occurred at about 1:00 p.m., and the deceased was shifted to DHQ Hospitalimmediately but he died midway whereas autopsy of deceased was conducted by Medical Officer at about 2:45 p.m.---Such swift shifting of the deceased to hospital and holding of post-mortem examination without afflux of any delay also positively reflected upon the presence of eye-witnesses at the spot---Presence of eye-witnesses at the spot was established beyond shred of any ambiguity---Said witnesses had no reason to falsely implicate the accused in the murder charge of their close relative---Circumstances established that the prosecution had proved its case beyond any shadow of doubt---However, death sentence 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