PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

MUHAMMAD NAWAZ alias NAZI vs State Ss — 2023 PCrLJN 14 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 PCrLJN 14 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Parties
MUHAMMAD NAWAZ alias NAZI vs State Ss
Subject matter
Criminal
Provisions referred to
S. 221---C

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 NAWAZ alias NAZI VS State Ss. 302(b), 148 & 149---Qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Matching report of empties---Scope---Accused were charged for committing murder of the deceased by firing---Report of Forensic Science Agency with regard to matching of empties with the pistols recovered at the instances of accused persons was inconsequential, therefore, it required no discussion---However, the negative report would have no adverse impact on the testimony of two eye-witnesses for the reason that at the most it was a corroborative and not conclusive piece of evidence---Circumstances established that the Trial Court while taking into consideration the evidence from all possible angles rightly proceeded to convict the accused persons---Appeal against conviction was dismissed accordingly. Citation Name: 2023 PCrLJN 14 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD NAWAZ alias NAZI VS State Witness--- Witnesses, number of--- Scope---Prosecution was not bound to produce each and every witness of the case and that it was the quality and not the quantity that had to prevail for the purpose of arriving at a just decision of the case. Citation Name: 2023 PCrLJN 14 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD NAWAZ alias NAZI VS State Ss. 302(b), 148 & 149---Qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Presence of eye-witnesses at the spot was natural---Scope---Accused were charged for committing murder of the deceased by firing---No doubt that prior to the occurrence there was an enmity in existence between the parties but the eye-witnesses produced by the prosecution in the case were proved to be independent having no relations with complainant or enmity with accused persons---One of the eye-witnesses was although residing at a distance of about half kilometer but in the same vicinity where both the parties were living---Said witness categorically stated that he came there to see the owner of the shop where he used to work---Similarly other eye-witness was residing quite close to the house of complainant which fact too could not be disputed by defence---Keeping in view the time of occurrence 05:15 p.m. in the month of March, presence of both the witnesses had also been proved to be natural---Cross-examination conducted on both the eye-witnesses made it clear that defence was unable to smash or destroy their reliability---Nothing was available to suggest that they had any reason or grudge or motive to depose falsely against accused persons while appearing in court---Circumstances established that the Trial Court while taking into consideration the evidence from all possible angles rightly proceeded to convict the accused persons in the well-reasoned judgment---Appeal against conviction was dismissed accordingly. Citation Name: 2023 PCrLJN 14 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD NAWAZ alias NAZI VS State S. 221---Charge, framing of---Scope---Charge is precise information of specific accusation and its purpose is to tell an accused as precisely and concisely what the prosecution intents to prove against him during trial---Purpose of framing of charge is also to offer an opportunity to accused to focus and concentrate his attention to the allegations he has to face. Citation Name: 2023 PCrLJN 14 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD NAWAZ alias NAZI VS State Ss. 302(b), 148 & 149---Qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Promptness in lodging the FIR---Scope---Accused were charged for committing murder of the deceased by firing---Motive was that the assailants were drug peddlers and co-accused got registered a case for the murder of his brother against the deceased---Occurrence had taken place at 05:15 p.m.---Police Station was at a short distance where complainant immediately appeared and submitted an application and within next 15 minutes that was at 05:30 p.m., the FIR was chalked out---In that document complete details and manners of occurrence were recorded which included names of accused persons and their co-accused, weapons they were carrying, names of complainant and witnesses and the role assigned to every accused---Defence during cross-examination to the witnesses was completely failed to shatter the genuineness of that document---Even by imaginations there was nothing to hold that FIR was not recorded at the given date and time or in the manners as prosecution claimed---Most promptly lodged FIR had ruled out the question of false involvement of the accused persons in the case---Circumstances established that the Trial Court while taking into consideration the evidence from all possible angles rightly proceeded to convict the accused persons---Appeal against conviction was dismissed accordingly. Citation Name: 2023 PCrLJN 14 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD NAWAZ alias NAZI VS State Ss. 302(b), 148 & 149---Qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Contradictions and infirmities in the statements of witnesses---Scope---Accused were charged for committing murder of the deceased by firing---Record showed that eye-witnesses came in witness box after about three years and four months of the occurrence because accused persons were absconders---So the minor lapses, if any, in the statements of witnesses were quite natural and could not be a reason for acquittal on the strength of golden principle that doubt arising out from the statements of witnesses must be genuine and not artificial---Circumstances established that the Trial Court while taking into consideration the evidence from all possible angles rightly proceeded to convict the accused persons---Appeal against conviction was dismissed accordingly. Citation Name: 2023 PCrLJN 14 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD NAWAZ alias NAZI VS State Ss. 302(b), 148 & 149---Qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Promptness in conducting the post-mortem upon the deceased---Scope---Accused were charged for committing murder of the deceased by firing---First Information Report was recorded at 05:30 p.m.---Investigating Officer arrived at crime scene where he prepared injuries statement and inquest report and sent the dead body for postmortem examination under the escort of Police Constable---Dead body was ultimately in hospital at 06:30 p.m. as admitted by Medical Officer, who, then, conducted the postmortem examination at midnight that was 12:05 a.m.---In the said circumstances it was not only a case of prompt information to police but prompt postmortem examination of the body of deceased---Circumstances established that the Trial Court while taking into consideration the evidence from all possible angles rightly proceeded to convict the accused persons---Appeal against conviction was dismissed accordingly. Citation Name: 2023 PCrLJN 14 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD NAWAZ alias NAZI VS State Ss. 302(b), 148 & 149---Qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Absconsion of accused---Scope---Accused were charged for committing murder of the deceased by firing---Prosecution case was that after the occurrence, accused persons and their co-accused had disappeared and was declared as proclaimed offenders---Occurrence took place on 15.03.2016---One of the accused persons was arrested on 27.12.2016 whereas, other accused was apprehended on 18.12.2018---Third accused, who was their real brother was still wanted---Even if it was presumed that the absconding of accused persons had not been proved in accordance with law, even then their long disappearance and avoidance from process of justice was a hurdle in their way and could be used as corroboration to the ocular account---Both accused persons could not explain their long disappearance after the occurrence and they also could not dispute their dates of arrest as stated by the Investigating Officers---Circumstances established that the Trial Court while taking into consideration the evidence from all possible angles rightly proceeded to convict the accused persons---Appeal against conviction was dismissed accordingly. Citation Name: 2023 PCrLJN 14 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD NAWAZ alias NAZI VS State Ss. 302(b), 148 & 149---Qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Plea of alibi---Scope---Accused were charged for committing murder of the deceased by firing---Accused had taken the plea of alibi but after two years and nine months of the occurrence when he was arrested---Admittedly, plea of alibi being special plea must be taken at first available opportunity and being a distinct plea was required to be substantiated by adducing cogent and concrete evidence---Accused, before he was arrested by the police, never agitated anywhere even by moving any application to any authority that he was not present at crime scene---Although in cross-examination said accused suggested to the Investigating Officer about such plea of alibi and the person with whom he was present but that person was not produced by him in his defence---Circumstances established that the Trial Court while taking into consideration the evidence from all possible angles rightly proceeded to convict the accused persons---Appeal against conviction was dismissed accordingly.

Back to the case-law library · Search Pakistani case law in Urdu or English