MUHAMMAD HASSAN alias AAMIR vs State Ss — 2022 YLR 805 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD HASSAN alias AAMIR VS State Ss. 302(b), 324, 109, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence--- Ocular account---Scope---Accused were charged for committing murder of the father-in-law, mother-in-law and wife of the complainant by firing---In the present case, group of witnesses led by prosecution for adducing ocular account comprised of two witnesses--- Said witnesses reasonably explained their presence at the spot---Occurrence took place near the house of complainant---Witnesses were residents of nearby vicinity---Defence while putting question to said witnesses ensured his presence at the spot particularly when a witness admitted as correct that passerby was actual injured person who was present at the place of occurrence---Said two witnesses had no direct enmity with the accused, though with other accused somehow or the other a smell of enmity prevailed---Prosecution had successfully proved the presence of such witnesses at the spot---Testimony of said witnesses was consistent and coherent and they had no axe to grind against the accused---Matter was promptly reported to the police which ruled out consultation and deliberation---Spontaneity of events were perfectly explained through ocular account with respect to nomination, role, weapons of offence and locale of injuries to three deceased persons---Stance of such witnesses remained intact throughout the process and there were no dishonest improvements in their court statements---Even dead bodies were dispatched to mortuary within an hour of reporting the matter to police---No question of mistaken identity was there as the parties knew each other and it was day light occurrence---Defence had not controverted the place of occurrence which was committed in front of complainant's house---Circumstances established that the prosecution had successfully proved the case against the present accused on the touchstone of standard required in a criminal case---Appeal against conviction being devoid of merit was dismissed, in circumstances.

MUHAMMAD HASSAN alias AAMIR vs State Ss — 2022 YLR 805 LAHORE-HIGH-COURT-LAHORE

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