Citation Name: 2023 PCrLJ 1283 LAHORE-HIGH-COURT-LAHOREBookmark this Case KHALID MEHMOOD vs State Ss

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Citation Name: 2023 PCrLJ 1283 LAHORE-HIGH-COURT-LAHOREBookmark this Case KHALID MEHMOOD VS State Ss. 302(b), 334, 324, 109, 148 & 149---Qatl-i-amd, itlaf-i-udw, attempt to commit qatl-i-amd, abetment, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Motive proved---Accused was charged that he along with his co-accused persons made firing upon sister and mother of the complainant, due to which the sister of complainant died whereas his mother received firearm injuries---Motive behind the occurrence was that the deceased obtained divorce from the accused through the court due to his bad character and on account of the said grudge and grouse the accused persons committed the occurrence---Motive was furnished in the FIR as well as in the statements of complainant and eye-witness---Motive had been established satisfactorily---Statements of witnesses on the point of motive stood un-rebutted--- Even the accused in his statement under S. 342, Cr.P.C., admitted the motive for the occurrence and murder of his divorcee, therefore, the prosecution successfully proved motive part of the occurrence---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---Appeal against conviction was dismissed, in circumstances. Citation Name: 2023 PCrLJ 1283 LAHORE-HIGH-COURT-LAHOREBookmark this Case KHALID MEHMOOD VS State Ss. 302(b), 334, 324, 109, 148 & 149---Qatl-i-amd, itlaf-i-udw, attempt to commit qatl-i-amd, abetment, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Ocular account supported by medical evidence---Accused was charged that he along with his co-accused persons made firing upon sister and mother of the complainant, due to which the sister of complainant died whereas his mother received firearm injuries---To substantiate its case though direct evidence, the prosecution produced injured, complainant and an eye-witness---Complainant while appearing before the trial court had reiterated the same facts and leveled the same allegation against the accused in a mode and manner as he had mentioned in his statement before the police on the basis whereof FIR was registered---Statement of complainant was fully corroborated by the statements of injured and eye-witness---All the witnesses remained consistent upon the stance taken by them on the day of occurrence in their statements recorded under Ss. 154 & 161 of the Code of Criminal Procedure, 1898, respectively without any noticeable and material deviations---During the cross-examination, nothing beneficial to the accused could be extracted---No material discrepancies or contradictions in their statements could be hinted at by the defence during the arguments---Ocular account produced by prosecution was fully supported by medical evidence as the anti-mortem injuries on the body of deceased attributed to the accused were reflected in the post mortem report---Medical evidence furnished by Lady Medical Officer, who conducted autopsy on the dead body of deceased, proved post mortem report and gave opinion that injuries Nos. 1 and 2 were sufficient to cause death in ordinary course of nature---Said Lady Medical Officer also medically examined injured and proved her Medico-Legal Certificate---Statement of said doctor made before the trial Court was not cross-examined by the defence---Thus, the medical evidence provided full support to the ocular account in the case---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---Appeal against conviction was dismissed, in circumstances. Citation Name: 2023 PCrLJ 1283 LAHORE-HIGH-COURT-LAHOREBookmark this Case KHALID MEHMOOD VS State Ss. 302(b), 334, 324, 109, 148 & 149---Qatl-i-amd, itlaf-i-udw, attempt to commit qatl-i-amd, abetment, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Delay of sixteen hours and thirty minutes in conducting the postmortem examination on the dead body of the deceased---Inconsequential---Accused was charged that he along with his co-accused persons made firing upon sister and mother of the complainant, due to which the sister of complainant died whereas his mother received firearm injuries---Defence objected that there was delay of sixteen hours and thirty minutes in conducting the postmortem examination on the dead body of the deceased---Prosecution was obliged to offer explanation for delay in holding autopsy---Such objection had no worth because in the present case, one lady lost her life whereas another was seriously injured---Victims were shifted to the DHQ Hospital where sister of the complainant succumbed to the injuries whereas mother of complainant due to critical condition was referred to the hospital of another city for treatment---Even otherwise, it was the prime consideration of the complainant to make efforts to save life of alive injured lady and not to first make attempt for autopsy on the dead body of the deceased lady---Occurrence took place in a far-flung area, therefore, time must have been consumed in arranging and shifting them to the hospital and treatment of one injured lady---In a country where the medical facility cum availability of paramedics for the job assigned was not an easy task, the consumption of such a time seemed to be quite reasonable, hence, the prosecution evidence could not be brushed aside on that score alone to extend the benefit of doubt as claimed---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---Appeal against conviction was dismissed, in circumstances. Citation Name: 2023 PCrLJ 1283 LAHORE-HIGH-COURT-LAHOREBookmark this Case KHALID MEHMOOD VS State Ss. 302(b), 334, 324, 109, 148 & 149---Qatl-i-amd, itlaf-i-udw, attempt to commit qatl-i-amd, abetment, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Related and interested witnesses---Reliance---Accused was charged that he along with his co-accused persons made firing upon sister and mother of the complainant, due to which the sister of complainant died whereas his mother received firearm injuries---Though, the witnesses were closely related to the deceased yet their presence at the scene of occurrence was very much natural and they had furnished plausible explanation to be present along with deceased at the relevant time---Statements of the eye-witnesses had been found trustworthy and confidence inspiring---Much emphasis had been laid by the defence that the eye-witnesses being related to the deceased person were biased witnesses but statements of related or interested witnesses could be made basis for conviction of the accused if the same inspired confidence as it is the intrinsic worth of the evidence that matters and not the source it emanated from---Mere relationship of eye-witness with deceased could not render their evidence unreliable unless it was established that they had motive to entangle the accused falsely---Defence failed to even remotely infer that the accused had been falsely implicated in the case---Even otherwise, it did not appeal to a prudent mind that close relatives would let off the real culprit accused of killing their near and dear one's and falsely implicate an innocent person---It had been proved that eye-witnesses were present at the place of occurrence at the time of incident and their claim of having seen the tragedy stood proved from evidence available on record---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---Appeal against conviction was dismissed, in circumstances. Citation Name: 2023 PCrLJ 1283 LAHORE-HIGH-COURT-LAHOREBookmark this Case KHALID MEHMOOD VS State Ss. 302(b), 334, 324, 109, 148 & 149---Qatl-i-amd, itlaf-i-udw, attempt to commit qatl-i-amd, abetment, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Recovery of crime weapon at the instance of accused---Reliance---Accused was charged that he along with his co-accused persons made firing upon sister and mother of the complainant, due to which the sister of complainant died whereas his mother received firearm injuries---Record showed that gun .12 bore pump action gun was recovered at the instance of the accused---So far as positive report of Forensic Science Laboratory was concerned, it was noticed that empties of .12 bore gun were secured from the place of occurrence on 22-04-2011, which were deposited in Forensic Science Laboratory on 02-06-2015---Subsequently, after the arrest of the accused gun .12 bore pump action was recovered at the instance of accused on 24.05.2015 and said gun was deposited to the office of Forensic Science Laboratory---According to the report, the said empty was identified as having been fired from .12 bore gun---Moreover, the defence had not denied the said recovery---Thus, the recovery provided sufficient support to the ocular account---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---Appeal against conviction was dismissed, in circumstances. Citation Name: 2023 PCrLJ 1283 LAHORE-HIGH-COURT-LAHOREBookmark this Case KHALID MEHMOOD VS State Ss. 302(b), 334, 324, 109, 148 & 149---Qatl-i-amd, itlaf-i-udw, attempt to commit qatl-i-amd, abetment, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Promptly lodged FIR---Accused was charged that he along with his co-accused persons made firing upon sister and mother of the complainant, due to which the sister of complainant died whereas his mother received firearm injuries---Motive behind the occurrence was that the deceased sister of the complainant through a Court obtained divorce from the present accused---According to the prosecution version, the occurrence in the case had taken place at about 01:00 p.m. within the area of "S" situated at a distance of 10 kilometers away towards west from Police Station while the machinery of criminal law was set into motion by complainant while presenting written complaint to SI/witness on the same day at 02:30 p.m.---In consequence whereof FIR was registered at the said Police Station at 03:25 p.m.---Keeping in view the said circumstances of the case, it was held that the matter was reported to the police with sufficient promptitude which excluded the chance of deliberation or consultation on the part of the prosecution---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---Appeal against conviction was dismissed, in circumstances. Citation Name: 2023 PCrLJ 1283 LAHORE-HIGH-COURT-LAHOREBookmark this Case KHALID MEHMOOD VS State Ss. 302(b), 334, 324, 109, 148 & 149---Qatl-i-amd, itlaf-i-udw, attempt to commit qatl-i-amd, abetment, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Admission and confession of accused---Scope---Accused was charged that he along with his co-accused persons made firing upon sister and mother of the complainant, due to which the sister of complainant died whereas his mother received firearm injuries---In his reply to the charge framed by the Trial Court on 13.03.2018, the accused narrated the whole story by admitting the commission of present occurrence---Moreover, the accused was arrested in this case on 13.05.2015 after the period of four years and charge was framed on 13.03.2018 after the lapse of almost 02 years and 10 months---Thereafter, case against the accused remained pending for recording evidence and other proceedings for a period of approximately two months---After the completion of prosecution evidence statement of accused under S. 342, Cr.P.C., was recorded and on that stage he again confessed his guilt with his free will and consent, without coercion and duress---In such way, the admission of accused regarding commission of present occurrence at different stages had supported the evidence of prosecution---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---Appeal against conviction was dismissed, in circumstances. Citation Name: 2023 PCrLJ 1283 LAHORE-HIGH-COURT-LAHOREBookmark this Case KHALID MEHMOOD VS State Ss. 302(b), 334, 324, 109, 148 & 149---Qatl-i-amd, itlaf-i-udw, attempt to commit qatl-i-amd, abetment, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Lengthy absconsion of accused---Effect---Accused was charged that he along with his co-accused persons made firing upon sister and mother of the complainant, due to which the sister of complainant died whereas his mother received firearm injuries---Crime in question was alleged to have taken place on 22-04-2011---Accused was arrested on 12-05-2015---Accused remained fugitive from law for a period of about four years---Long abscondence of accused for four years was a strong piece of corroborative evidence against him---Prosecution complied with all the legal formalities to declare the accused as proclaimed offender---Besides other evidence on record, the evidence of abscondence being strong corroborative evidence had supported the case of prosecution about his implication in the commission of crime---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---Appeal against conviction was dismissed, in circumstances.

Citation Name: 2023 PCrLJ 1283 LAHORE-HIGH-COURT-LAHOREBookmark this Case KHALID MEHMOOD vs State Ss — 2023 PCrLJ 1283 LAHORE-HIGH-COURT-LAHORE

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