AZHAR HUSSAN vs State S — 2022 SCMR 1907 SUPREME-COURT

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AZHAR HUSSAN VS State S. 302(b)--- Qatl-i-amd--- Prosecution witnesses related to the deceased---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 Citation Name: 2022 SCMR 1907 SUPREME-COURTBookmark this Case AZHAR HUSSAN VS State S. 302(b)--- Qatl-i-amd--- Reappraisal of evidence---Sentence, reduction in---Death sentence reduced to life imprisonment---Motive not established---No recovery of weapon effected---Keeping in view the fact that no recovery was affected and motive had not been proved, the High Court had rightly taken a lenient view and converted the sentence of death into imprisonment for life---No further leniency could be shown to the accused---Petitions for leave to appeal were dismissed and leave was refused. Head NotesCase Description Citation Name: 2022 SCMR 1907 SUPREME-COURTBookmark this Case AZHAR HUSSAN VS State S. 302(b)---Qatl-i-amd---Minor discrepancies in prosecution case---While appreciating the evidence, the court must not attach undue importance to minor discrepancies---Such minor discrepancies which do not shake the salient features of the prosecution case should be ignored---Accused cannot claim premium of such minor discrepancies--- If importance is given to such insignificant inconsistencies then there would hardly be any conviction. Head NotesCase Description Citation Name: 2022 SCMR 1907 SUPREME-COURTBookmark this Case AZHAR HUSSAN VS State 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---Ocular account furnished by the prosecution was reliable, straightforward and confidence inspiring---Medical evidence available on the record corroborated the ocular account so far as the nature, time, locale and impact of the injury on the person of the deceased was concerned---Counsel for the accused could not point out any plausible reason as to why the complainant would falsely involve the accused in the present case and let off the real culprit, who had committed murder of his real daughter---Substitution in such like cases was a rare phenomenon, especially when admittedly there was no previous enmity between the parties---Conviction of accused under section 302(b), P.P.C was maintained---Petitions for leave to appeal were dismissed and leave was refused. Head NotesCase Description Citation Name: 2022 SCMR 1907 SUPREME-COURTBookmark this Case AZHAR HUSSAN VS State S. 302(b)---Qatl-i-amd---Medical evidence---No blood stained earth at place of occurrence---Fire shot injury causing gut to come of the belly of the deceased---In such like injuries when the gut comes out of the belly, it seals the margin of the wound and the blood falls inside the body cavity instead of oozing outside the body---Non-existence of blood at the place of occurrence, for such injuries, is easily understandable and does not shatter the prosecution case. Head NotesCase Description Citation Name: 2022 SCMR 1907 SUPREME-COURTBookmark this Case AZHAR HUSSAN VS State S. 302(b)--- Qatl-i-amd--- Ocular account---Sole basis for conviction---Where ocular evidence is found trustworthy and confidence inspiring then the conviction can be solely based upon it. Head NotesCase Description

AZHAR HUSSAN vs State S — 2022 SCMR 1907 SUPREME-COURT

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