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---Site plan---Scope---Accused were charged for committing murder of brother, sister and sister-in-law of the complainant by firing and also caused injuries to his mother---Defence objected that the distance mentioned in site plan did not correspond with the distance as mentioned in medical evidence---Site plan is prepared after the incident on the recalling of facts by any of the eye-witnesses or by the complainant, as the case may be, which might have created certain discrepancies as it was very difficult to suggest in such type of incident, in which events had been changed on a spur of moment---When both of the families and a number of people were fighting in open area, therefore, Court had to take the commonality of facts narrated by the eye-witnesses in their statements---Eye-witnesses remained consistent, even the eye-witnesses had not been cross-examined with particularity by the defence witness, which was otherwise suggestive of the fact that incident had been acknowledged and admitted in the case---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