GUL ZARIN vs KAMAL-UD-DIN S — 2022 SCMR 1085 SUPREME-COURT

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GUL ZARIN VS KAMAL-UD-DIN S. 302(b)--- Qatl-i-amd--- Reappraisal of evidence---Prosecution witnesses were subjected to lengthy cross-examination by the defence but nothing favourable to the accused or adverse to the prosecution could be produced on record---Said witnesses remained consistent on each and every material point inasmuch as they made deposition exactly according to the circumstances that happened in the case, therefore, it could safely be concluded that the ocular account furnished by the prosecution was reliable, straightforward and confidence inspiring---Minor contradictions in the statements of the prosecution witnesses were natural as admittedly the accused remained absconder for a period of 12 long years and the trial begun after his arrest---After such a lapse of time, some minor discrepancies may occur but the same were neither dishonest nor were sufficient to discard the testimonies of the witnesses of the ocular account---Medical evidence available on the record was in line with the ocular account so far as the nature, locale, time and impact of the injury on the person of the deceased was concerned---All witnesses had reasonably explained their presence at the place of occurrence---Counsel for the accused could not point out any reason as to why the complainant had falsely involved the accused in the present case and let off the real culprit, who had committed murder of his cousin---Conviction of accused for qatl-i-amd was maintained---Petition for leave to appeal was converted into appeal and partly allowed. Head NotesCase Description Citation Name: 2022 SCMR 1085 SUPREME-COURTBookmark this Case GUL ZARIN VS KAMAL-UD-DIN Ss. 302(b) & 302(c)---Qatl-i-amd---Reappraisal of evidence---Spur of the moment occurrence---Single fire shot---Conviction under section 302(b), P.P.C. altered to one under section 302(c), P.P.C.---Sentence of imprisonment for life reduced to fourteen years rigorous imprisonment---High Court itself had observed that the occurrence took place at the spur of the moment over the blockage of a passage and there was no preÂmeditation on the part of the accused---Accused fired a single shot and did not repeat the same despite having ample opportunity to do so---No motive had been alleged by the prosecution for the commission of the crime and the recovery of the weapon was inconsequential---In such circumstances the sentence of imprisonment for life was not justified---Conviction of accused under section 302(b), P.P.C. was altered to one under section 302(c), P.P.C., and his sentence of life imprisonment was reduced to fourteen years rigorous imprisonment---Petition for leave to appeal was converted into appeal and partly allowed. Head NotesCase Description Citation Name: 2022 SCMR 1085 SUPREME-COURTBookmark this Case GUL ZARIN VS KAMAL-UD-DIN S. 302(b)---Qatl-i-amd---Prosecution witnesses closely related to the deceased, testimony of---Mere relationship of the prosecution witnesses with the deceased cannot be a ground to discard the testimony of such witnesses unless previous enmity or ill will is established on the record to falsely implicate the accused in the case. Head NotesCase Description

GUL ZARIN vs KAMAL-UD-DIN S — 2022 SCMR 1085 SUPREME-COURT

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