IRFAN SALEEM vs State Ss — 2022 YLR 1782 LAHORE-HIGH-COURT-LAHORE

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IRFAN SALEEM VS State Ss. 302(b) & 449---Qatl-i-amd, house-trespass in order to commit offence punishable with death---Appreciation of evidence---Sentence, reduction in---Presence of witnesses at the spot was justified---Scope---Accused was charged for committing murder of the brother of complainant by firing---Motive was that the accused had suspicion that deceased had illicit relations with his wife and because of that reason accused had divorced her---Complainant was a married person but he was issueless---Complainant in clear words claimed that he used to reside in the house of deceased since long and even two years after the occurrence he stayed in the same house---Not an iota of evidence or circumstance on record that complainant was having any other residence in the locality and when it was so, then no reason to disbelieve his existence with his real brother/deceased at place of occurrence---Same position was noticed about witness of wajtakkar, who, according to complainant, was residing in the same locality at a distance of about 100 feet and as per defence version at a distance of 400/500 yards from crime scene---Time of occurrence 04:00 a.m. in the month of August obviously was the time of Fajar prayer---Said witness in his examination in chief claimed that he was going to offer the 'Fajar' prayer in the mosque when he had seen the accused and his co-accused while escaping from crime scene, thus, presence of said witness in the street while he was moving for prayer was also quite natural---Circumstances established that accused had been rightly convicted by the Trial Court---Death penalty was converted into imprisonment for life as the same was extreme penalty, in circumstances---Appeal was dismissed with said modification in sentence.

IRFAN SALEEM vs State Ss — 2022 YLR 1782 LAHORE-HIGH-COURT-LAHORE

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