JAFAR alias ZAFAR vs State S — 2022 YLRN 13 LAHORE-HIGH-COURT-LAHORE

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JAFAR alias ZAFAR VS State S. 302(b)--- Qatl-i-amd---Appreciation of evidence---Sentence, reduction in---Ocular account supported by medical evidence---Scope---Accused was charged for committing murder of his wife by inflicting hatchet blows---Motive behind the occurrence was that deceased used to ask the accused to do labour and due to that grudge the accused committed murder of the deceased---Ocular account in the case consisted of complainant/ father of deceased and her daughter respectively---Both the said witnesses were residents of the same area where the incident took place, therefore, their presence on the spot at the time of incident was quite natural and probable---Place of occurrence had not been disputed by the defence---Eye-witnesses were subjected to lengthy cross-examination but they remained consistent on material aspects of the case and nothing favourable to the defence could be extracted---Discrepancies in the statements of the witnesses pointed out by defence were minor and general in nature, occurred in every case when witnesses were cross-examined after a long time of the occurrence as in the present case, were not fatal to the prosecution---Witnesses of ocular account had no deep rooted enmity with the accused to falsely implicate him in the case by letting off the real culprits---Case of prosecution in the FIR as well as before the Trial Court was that the accused was sole perpetrator for causing injuries on the person of the deceased---Evidence of said eye-witnesses was consistent, truthful and confidence inspiring---Case of prosecution in the FIR and Trial Court was that the accused inflicted hatchet blows on deceased, which landed on the left side of her neck, left shoulder and left temporal region---Medical Officer who conducted post-mortem examination on the dead body of the deceased observed the said injuries on the person of the deceased---Ocular account was fully supported by medical evidence---Circumstances established that the prosecution had succeeded in proving its case against the accused beyond any shadow of doubt---Motive as set up by the prosecution had not been believed and recovery of hatchet at the instance of the accused was inconsequential---Said facts led to the conclusion that there were sufficient extenuating circumstances on the basis of which the accused could not be made liable to the maximum punishment provided under S.302(b), P.P.C., rather the ends of justice would be met, if his death sentence was converted into imprisonment for life---Sentence of the accused was altered from death to imprisonment for life, in circumstances---Appeal was dismissed with said modification in sentence.

JAFAR alias ZAFAR vs State S — 2022 YLRN 13 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported