MUHAMMAD WALAYAT vs State Ss — 2022 YLRN 185 ISLAMABAD

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

MUHAMMAD WALAYAT VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Sentence, reduction in---Accused were charged for committing murder of brother, sister and sister-in-law of the complainant by firing and causing injuries to his mother---Record showed that the incident took place into two parts: In the first part, it was alleged that the accused party made firing in the courtyard of complainant's house from their roof, though no one was injured in that portion of occurrence, even no sign of firing was confirmed from courtyard by the Investigating Officer, even not a single fire empty from the rooftop of accused person's house was recovered; in the second part of the occurrence, deceased brother of complainant received fire-arm injuries outside the house, who was not present in the first part of the occurrence---Detailed cross-examination of the defence on eye-witnesses had not achieved any fruitful result in their favour to dispel the consistency of events narrated by the eye-witnesses, though two of the witnesses had not seen the receiving of injuries by deceased brother of complainant---Record showed non-introduction of the motive by the complainant, rather it was introduced by the accused person, however no witness or evidence had ever been brought on record as to why such a murderous assault had taken place, whereby three persons were done to death while one was injured---Detailed cross-examination of eye-witnesses by the accused persons revealed that all the eye-witnesses acknowledged that they had no enmity with accused persons on any account prior to the said occurrence, but the defence side time and again introduced certain defence in the cross-examination of eye-witnesses---Recoveries of weapon of offence were fully established against the accused side---Fire empties were sent to expert prior to recoveries of weapons of offence, which had been found matched through the report---Circumstances established that the prosecution had proved its case beyond any shadow of doubt---Appeal against conviction was dismissed, however, due to some mitigating factors, death sentence was converted into life imprisonment.

MUHAMMAD WALAYAT vs State Ss — 2022 YLRN 185 ISLAMABAD

Case information

Judgment text as reported