Citation Name: 2023 PCrLJ 1137 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ZUBAIR vs State Ss

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Citation Name: 2023 PCrLJ 1137 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ZUBAIR VS State Ss. 302(b), 337-F(i), 337-F(ii), 148 & 149---Qatl-i-amd, ghayr-jaifah-damiyah, ghayr-jaifah-badiah, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Sudden provocation, lack of---Scope---Accused were charged for committing murder of the brother of the complainant and caused injuries to two other persons---One of the injured while appearing in the dock in the court room fully supported the prosecution version, whereas, the other injured could not record his statement before the trial Court being murdered---Accused party, who allegedly consisted upon a group of five persons including the accused, did not sustain even a single scratch, which fact was sufficient to believe that they planned the occurrence and attacked upon the complainant party when they were not in a position to respond---Had that incident been taken place at spur of moment, naturally the accused party would have also sustained injuries at the hands of the complainant side, which was not a case of defence at any stage---Even the accused in his statement did not disclose what actually happened at the spot and what prompted him to kill the deceased at spur of the moment---No evidence of sudden fight existed---Circumstances established that prosecution had successfully proved the charge against the accused by producing cogent, reliable and confidence inspiring evidence---Appeal against conviction was dismissed accordingly. Citation Name: 2023 PCrLJ 1137 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ZUBAIR VS State Ss. 302(b), 337-F(i), 337-F(ii), 148 & 149---Qatl-i-amd, ghayr-jaifah-damiyah, ghayr-jaifah-badiah, rioting armed with deadly weapon, unlawful assembly--- Appreciation of evidence--- Ocular account supported by medical evidence---Scope---Accused were charged for committing murder of the brother of the complainant and causing injuries to two other persons---Motive behind the occurrence was stated to be a quarrel between deceased and accused took place a day before the present occurrence---In order to establish the ocular account, the prosecution produced complainant, his brother and injured---All the eye-witnesses including one injured witness, being natural witnesses, were subjected to the ordeal of lengthy cross-examination making consistent statements corroborating each other qua the date, time, place, mode and manner of the occurrence, name of the accused, weapon of offence and the role played by him during the occurrence---Defence could not extract any favourable material from their mouths---Record showed that it was a promptly lodged FIR,which was registered within the shortest possible time nominating the accused and his co-accused with minute detail and the role played by them during the occurrence---Post mortem examination on the dead body of the deceased, which was conducted on the same day within 3/4 hours, showed that the Medical Officer not only observed the existence of the injury attributed to the accused caused by sharp edged weapon but also it was proved fatal to the life of the deceased---Promptness in lodging the crime report as well as sharp proceedings of the post mortem examination on the dead body of the deceased ruled out every hypothesis of consultation, fabrication and deliberation---From the material available on record it evinced that in that incident one innocent person lost his life while two others sustained serious injuries---Circumstances established that prosecution had successfully proved the charge against the accused by producing cogent, reliable and confidence inspiring evidence---Appeal against conviction was dismissed accordingly.

Citation Name: 2023 PCrLJ 1137 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ZUBAIR vs State Ss — 2023 PCrLJ 1137 LAHORE-HIGH-COURT-LAHORE

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