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

Case information

Citation
2022 PCrLJ 664 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
PCRLJ
Parties
RASHED alias CHAND vs State Ss
Subject matter
Criminal
Provisions referred to
S. 7---Q

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

Judgment text as reported

RASHED alias CHAND VS State Ss. 302(b) & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qanun-e-Shahadat (10 of 1984), art. 19--- Qatl-i-amd, common intention, act of terrorism--- appreciation of evidence--- Wajtakar evidence---admissibility of evidence as res gestae---Scope---accused were charged for committing murder of the brother of the complainant by firing---Ocular account of eye-witnesses was supported by the evidence of another witness, who came across the accused at the corner of street while they were retreating from the crime scene---Said witness was the domestic servant of deceased so his presence at the said place was not open to any exception---Said witness was also one of the participants in the identification proceedings and committed no mistake in picking out the accused---Evidence of said witness was in the nature of Wajtakar, the probative strength of which rested in the doctrine of res gestae provided under art. 19 of Qanun-e-Shahadat, 1984---Said doctrine was based upon the assumption that every relevant part of the chain of events was considered before the final disposal by a judicial forum dealing with the criminal cases, so that no evidence could be discarded on the ground of irrelevant considerations---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.

Other judgments reported in 2022 PCRLJ

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