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MUHAMMAD RIAZ vs State S — 2022 YLRN 55 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 YLRN 55 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Parties
MUHAMMAD RIAZ vs State S
Subject matter
Criminal
Provisions referred to
S. 302

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

Judgment text as reported

MUHAMMAD RIAZ VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Sentence, reduction in---Minor witness---Scope---Accused was charged for committing murder of his wife/daughter of complainant---Real daughter of the deceased and accused aged about seven years claimed herself to be the eye-witness of the occurrence---Questions were put to minor witness to determine whether she was competent to testify or not, who had given rational answers and was declared competent to testify by the Trial Court---Said witness stated that at the evening of 12.06.2017, a quarrel took place between deceased and accused---Accused prepared tea in the evening, witness was not used to take tea, therefore, she did not take tea---Tea was taken by her sister, brothers and deceased---After taking tea by her deceased mother, the accused threw her into the room and peeled the wire of the pedestal fan and gave current to her mother and put rope around her neck---Meanwhile, her grandmother/complainant and maternal uncle came there and witnessed the occurrence---Said witness, being real daughter of the deceased and accused was with them in the house of occurrence and was natural witnesses, had absolutely no ill-will or animosity to depose against her real father for the murder of her real mother---Presence of said minor witness with the deceased as well as accused at the time of occurrence could not be denied---Witness had fully implicated her real father in her statement---Said witness was cross-examined at length but her evidence could not be shaken during the process of cross-examination---Said witness corroborated other witnesses on all material aspects of the case---Witness had established her presence at the time of occurrence at the place of occurrence with her stated reasons---Evidence of said witness was straight forward, trustworthy and confidence inspiring---Circumstances established that the prosecution had proved its case beyond shadow of doubt, however due to some extenuating circumstances, death sentence was altered to imprisonment for life---Appeal was dismissed with said modification in sentence.

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