MUHAMMAD ASIF vs State Ss — 2022 YLR 1886 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD ASIF VS State Ss. 396, 460 & 412---Dacoity with murder---All persons jointly concerned in lurking house-trespass or house-breaking by night punishable for qatl or hurt caused by one of them---Dishonestly receiving property stolen in the commission of a dacoity---Appreciation of evidence---Prompt FIR---Night-time occurrence---Recovery of hair of accused---Effect---Accused along with five others was alleged to have committed dacoity, murdered the grandson of complainant aged about 09 months and injured the complainant's wife---Matter was reported to the police promptly---Name of accused with his role of causing pistol shot on the back of the chest of deceased with intention to murder him was mentioned---Prosecution witnesses were natural and truthful; their presence at the time and place of occurrence was quite natural---Prosecution Witnesses had given specific reasons for their presence at the place of occurrence because they were closely related to the deceased---Prosecution Witnesses had no reason to let off the real culprits and involve the accused falsely in the case---Medical evidence was in complete harmony with the ocular testimony---Electric bulb which was lighting at the time of occurrence was specifically mentioned in the FIR and the same was subsequently taken into possession by the Investigating Officer---Hair of appellant taken into possession by the Investigating Officer had matched with the DNA profile of the accused---Identity card of the complainant as well as Rs. 5000 was recovered from the possession of accused---Prosecution had successfully proved its case against the accused despite the fact that empties collected from the spot were not found to have been fired from the pistol recovered at the instance of accused---Appeal was dismissed. Evidence---Interested witness---Scope---Interested witness is one who is interested in the conviction of an accused for some ulterior motive. Evidence---Substitution of accused---Scope---Substitution of real culprits especially in cases where the eye-witnesses lost their kith and kin before their own eyes is rare phenomenon.

MUHAMMAD ASIF vs State Ss — 2022 YLR 1886 LAHORE-HIGH-COURT-LAHORE

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