NAEEM AKHTAR vs State Ss — 2022 YLR 2415 LAHORE-HIGH-COURT-LAHORE

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NAEEM AKHTAR VS State Ss. 302(b), 324, 337-F(iii), 337-F(v) & 34---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah-damiyah, ghayr-jaifah, hashimah, common intention---Appreciation of evidence---Quantum of sentence---Scope---Accused was charged that he along with co-accused persons while armed with deadly weapons committed murder of his wife/sister of the complainant and caused injuries to his daughter by firing on account of some disputes over Rishta of her daughter---Admittedly, the accused fired at the deceased as well as the injured witness inside his house--- Motive when had been disbelieved then it was not clear that what actually had transpired between the parties at the spot immediately prior to the occurrence---Death penalty awarded to the accused in such circumstances, was not proper and the same was reduced to imprisonment for life, which would meet the ends of justice---Appeal against conviction was dismissed with said modification in sentence. Ss. 302(b), 324, 337-F(iii), 337-F(v) & 34---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah-damiyah, ghayr-jaifah, hashimah, common intention---Appreciation of evidence---Sentence, reduction in---Motive was not proved---Scope---Accused was charged that he along with his co-accused persons while armed with deadly weapons committed murder of his wife/sister of the complainant and caused injuries to his daughter by firing on account of some disputes over Rishta of her daughter---Motive alleged by the complainant was that there was dispute regarding Rishta (marriage proposal) between the spouses, however, the available material on record did not suggest for whom the Rishta was demanded and if it was Rishta of injured witness or her elder sister---Motive had been described by the eye-witnesses i.e. the dispute of Rishtas between the deceased and the accused as well as the acquitted co-accused---Eye-witnesses were sitting in the courtyard of their house and thus, they neither could see nor overhear that the quarrel, if any, took place between the spouses was on account of Rishta of the injured---Injured witness also deposed about the motive but her statement did not reflect the details of those Rishtas, thus, the motive alleged by the prosecution was not proved against the accused---Circumstances established that the prosecution had proved its case against the accused, however, death penalty awarded to the accused was not proper and the same was reduced to imprisonment for life, which would meet the ends of justice---Appeal against conviction was dismissed with said modification in sentence. Ss. 302(b), 324, 337-F(iii), 337-F(v) & 34---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah-damiyah, ghayr-jaifah, hashimah, common intention---Appreciation of evidence---Sentence, reduction in---Accused was charged that he along with co-accused persons while armed with deadly weapons committed murder of his wife/sister of the complainant and caused injuries to his daughter by firing on account of some disputes over Rishta of her---Record showed that the accused was nominated as the principal offender---All the injuries sustained by the deceased as well as the injured were attributed to the accused---Accused was husband of the deceased and father of the injured witness---Place of occurrence was their house---Complainant and the other witnesses were closely related to each other---On the hue and cry of the deceased/injured, the complainant and witnesses rushed towards the place of occurrence and witnessed the episode---No grudge or grouse was attributed to any of the witnesses for false implication of the accused---Injured witness had got stamp of injuries on her person and deposed against her real father---Ocular account was furnished by the eye/injured witness in a straightforward manner---Relationship of the witnesses with the deceased per-se was no ground to discard their confidence inspiring testimony---Presence of witnesses at the spot was established---Prosecution case had been proved by ocular account narrated by the complainant and the eye/injured witnesses---Ocular account had been further corroborated by the medical evidence as well as recovery of the weapon of offence---Circumstances established that the prosecution had proved its case against the accused---Motive was not proved, thus, death penalty awarded to the accused was not proper and the same was reduced to imprisonment for life, which would meet the ends of justice---Appeal against conviction was dismissed with said modification in sentence. Ss. 302(b), 324, 337-F(iii), 337-F(v) & 34---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah-damiyah, ghayr-jaifah, hashimah, common intention---Appreciation of evidence---Sentence, reduction in---FIR was lodged with promptitude--- Scope--- Accused was charged that he along with co-accused persons while armed with deadly weapons committed murder of his wife/sister of the complainant and caused injuries to his daughter by firing on account of some disputes over Rishta of her daughter---Record showed that the occurrence had taken place at 09:45 p.m., in the month of May---Distance between the place of occurrence and Police Station was nine kilometres and the FIR was registered on the same day at 11:05 p.m. which excluded the possibility of any deliberation or consultation---Circumstances established that the prosecution had proved its case against the accused, however, motive was not proved, thus, death penalty awarded to the accused was not proper and the same was reduced to imprisonment for life, which would meet the ends of justice---Appeal against conviction was dismissed with said modification in sentence. Ss. 302(b), 324, 337-F(iii), 337-F(v) & 34---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah-damiyah, ghayr-jaifah, hashimah, common intention---Appreciation of evidence---Sentence, reduction in---Weapon of offence was recovered on the pointation of accused---Reliance---Scope---Accused was charged that he along with his co-accused persons while armed with deadly weapons committed murder of his wife/sister of the complainant and caused injuries to his daughter by firing on account of some disputes over Rishta of her daughter---Accused led to the recovery of 30 calibre pistol, which was found wedded with the cases of cartridges secured by the Investigating Officer from the crime scene as suggested by the report of Forensic Science Agency, thus, plea of the accused that the deceased was in the clutches of the complainant and, therefore, they falsely implicated the accused was not plausible---Circumstances established that the prosecution had proved its case against the accused---Motive was not proved, thus, death penalty awarded to the accused was not proper and the same was reduced to imprisonment for life, which would meet the ends of justice---Appeal against conviction was dismissed with said modification in sentence.

NAEEM AKHTAR vs State Ss — 2022 YLR 2415 LAHORE-HIGH-COURT-LAHORE

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