MUHAMMAD WALAYAT vs State Ss — 2022 YLRN 185 ISLAMABAD

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MUHAMMAD WALAYAT VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Medical evidence---Scope---Accused were charged for committing murder of brother, sister and sister-in-law of the complainant by firing and causing injuries to his mother---Medical evidence showed that all the three deceased died due to fire-arm injuries made through 12-bore shot gun and 30-bore pistol, allegedly used by the two accused---Even two of the eye-witnesses had not seen the occurrence to the extent of first part of incident in which deceased brother of complainant received the fire-arm injuries but the complainant version could not be discarded in presence of the available evidence, though certain discrepancies had been noted in shape of improvements made in the account of prosecution evidence---Said evidence did not remotely suggest the falsity of the incident narrated in the case by the witnesses, whereby three persons were done to death on kacharasta in front of their house---Autopsy reports of two deceased persons prepared by Medical Officers suggested one commonality that both deceased received the fire-arm injuries on chest---Even pellets were recovered, as such, the Medical Officers had also referred blackening and charring marks in the autopsy reports---Both the Medical Officers had been cross-examined at length, but nothing fruitful had been achieved by the accused persons, per se, the blackening and charring marks could only be seen when the weapon was discharged from close range---Both the deceased received firearm injuries from close range by accused, which was in line with the evidence of eye-witnesses and same could not be discarded---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