ZEESHAN HAIDER alias SHANI vs State Ss — 2023 PCrLJN 68 LAHORE-HIGH-COURT-LAHORE

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ZEESHAN HAIDER alias SHANI VS State Ss. 302, 324, 109, 148 & 149---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, rioting armed with deadly weapon, unlawful assembly, act of terrorism---appreciation of evidence---Sentence, reduction in---Presence of complainant at the spot was doubtful---Scope---accused were charged for committing murder of two persons and also causing injuries to six persons of the complainant party by firing---Presence of complainant which was disputed by the defence that he was shown present in a vacant shop in front of shop of occurrence, which he denied during cross-examination and claimed his presence in a 'Pakoraa shop' away from the place of occurrence---Complainant along with almost all the injured witnesses were unanimous about his presence at 'Pakoraa shop' which according to site plan was not too far but two shops away from the place of occurrence---Stance of Investigating Officer was at variance with the witnesses, therefore, preference would be given to the statements of witnesses present at the scene and it could not be considered a major contradiction, so as to create a dent in prosecution case---Contradiction was learnt as fact that totally negated the prosecution story, which was not the case---Circumstances established that the prosecution had proved its case against the accused, however, the death sentences to all the accused persons were altered to imprisonment for life under S. 302(b) read with S. 149, P.P.C., on five counts---appeal was dismissed with said modification in sentence. [Para. 8 of the judgment] Citation Name: 2023 PCrLJN 68 LAHORE-HIGH-COURT-LAHOREBookmark this Case ZEESHAN HAIDER alias SHANI VS State Ss. 302, 324, 109, 148 & 149---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, rioting armed with deadly weapon, unlawful assembly, act of terrorism---appreciation of evidence---Sentence, reduction in---Ocular account---Scope---accused were charged for committing murder of two persons and also causing injuries to six persons of the complainant party by firing---Shop where the occurrence took place was of in length and width of 14 x 16 feet having a billiard table inside, whereas accused while were standing in front of shutter---No other exit---Only the empirical data which suggested particular response to a traumatic situation yet there was no certainty in it---Realizing firing would be resorted to or not, one could not move an inch when there was no other exit and in such situation first fire one could view with fearful and eyeful image---Once the fire hit anybody, there started hussle bustle to save their lives while locating hide outs, which was done in the present case---Witnesses viewed the hitting of fires to deceased persons with eyeful spectacles but then tried to save their lives while moving to the sides of shop and in that position received the fires; therefore, it was not expected from them to name the accused person with specific role of causing injuries to them---Testimony of witnesses was more realistic that they did not specify the fires otherwise prosecution would have lost the case on that score only that the witnesses in a state of panic could not state the specific roles with a photographic narration---Thus, the prosecution case was so strong on the ocular side that it remotely accepted the hypothesis of innocence of accused---Circumstances established that the prosecution had proved its case against the accused, however, the death sentences to all the accused persons were altered to imprisonment for life under S. 302(b) read with S. 149, P.P.C., on five counts---appeal was dismissed with said modification in sentence. [Para. 10 of the judgment] Citation Name: 2023 PCrLJN 68 LAHORE-HIGH-COURT-LAHOREBookmark this Case ZEESHAN HAIDER alias SHANI VS State Ss. 302, 324, 109, 148 & 149---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, rioting armed with deadly weapon, unlawful assembly, act of terrorism---appreciation of evidence---Sentence, reduction in---Mitigating circumstances---Scope---accused were charged for committing murder of two persons and also causing injuries to six persons of the complainant party by firing---Motive having been disbelieved and recovery being inconsequential coupled with role of indiscriminate firing by all the accused---Commanded that alternate sentence of imprisonment for life would be sufficient; thus, the death sentences to all the accused persons were altered to imprisonment for life under S. 302(b) read with S. 149, P.P.C., on five counts---appeal was dismissed with said modification in sentence. [Para. 14 of the judgment] Citation Name: 2023 PCrLJN 68 LAHORE-HIGH-COURT-LAHOREBookmark this Case ZEESHAN HAIDER alias SHANI VS State Ss. 302, 324, 109, 148 & 149---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, rioting armed with deadly weapon, unlawful assembly, act of terrorism---appreciation of evidence---Sentence, reduction in---Night time occurrence---Source of light---Scope---accused were charged for committing murder of two persons and also causing injuries to six persons of the complainant party by firing---Source of light was seriously challenged by the defence at it was night occurrence and reportedly electricity were off in the area---Place of occurrence was a shop situated at Shopping Center which though could not be expected to remain in dark during business hours despite the fact Investigating Officer had shown three points in the site plan where the bulbs were on when the people were playing billiards---Though it was not expected that gaming was on in the dark yet complainant in his examination-in-chief stated that bulbs were on and during cross-examination replied specifically to question of source of light that electricity light was off at the place of occurrence, however volunteered that the light was on with the help of generator in the billiard shop---Defence had seriously raised objection over the stance of illumination of place of occurrence with the help of generator when according to evidence, such fact was not mentioned in site plan---However, defence had deliberately skipped asking question about availability of generator at the place of occurrence from any of the Investigating Officer---Though scaled site plan do mentioned availability of light at the place of occurrence but defence had also not put any question relating to light to Draftsman---attempt to dislodge the prosecutor case on the touchstone of absence of light failed in the circumstances---Circumstances established that the prosecution had proved its case against the accused, however, the death sentences to all the accused persons were altered to imprisonment for life under S. 302(b) read with S. 149, P.P.C., on five counts---appeal was dismissed with said modification in sentence. [Para. 9 of the judgment] Citation Name: 2023 PCrLJN 68 LAHORE-HIGH-COURT-LAHOREBookmark this Case ZEESHAN HAIDER alias SHANI VS State Ss. 302, 324, 109, 148 & 149---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, rioting armed with deadly weapon, unlawful assembly, act of terrorism---appreciation of evidence---Sentence, reduction in---Medical evidence---Scope---accused were charged for committing murder of two persons and also causing injuries to six persons of the complainant party by firing---Deceased and injured were attended by the respective Medical Officers with the observation that injuries on their persons were caused with firearm weapon---Sizes of injuries highlighted corresponded to the weapon carried by the offenders---Medical Officers, in case of most of the injuries observed blackening, which showed that fires were made from a very close range and it was also reflected from the position of assailants and presence of victims at the site through two site plans put by the prosecution as explanatory evidence---Defence though could not controvert such positions yet in their attempt to create dent asked question to the witnesses that the inter se distance between injured and deceased was noticeable because description of injuries were different, which, though, was not the case---Injured too received serious injuries carrying blackening around their wounds but they themselves trapped in those question---Injuries on the persons of all injured were not simple in nature; two of the injured had injury declared as Jurah Jaifah and others injured had fractured at the site of injuries---Medical evidence was perfectly in line with ocular account, therefore, would be read against the accused persons---Circumstances established that the prosecution had proved its case against the accused, however, the death sentences to all the accused persons were altered to imprisonment for life under S. 302(b) read with S. 149, P.P.C., on five counts---appeal was dismissed with said modification in sentence. [Para. 11 of the judgment] Citation Name: 2023 PCrLJN 68 LAHORE-HIGH-COURT-LAHOREBookmark this Case ZEESHAN HAIDER alias SHANI VS State Ss. 302, 324, 109, 148 & 149---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, rioting armed with deadly weapon, unlawful assembly, act of terrorism---appreciation of evidence---Sentence, reduction in---Motive was not proved---Scope---accused were charged for committing murder of two persons and also causing injuries to six persons of the complainant party by firing---Sectarian hatred was the motive behind the occurrence---Prosecution had not been successful in proving the motive touching the sectarian hatred, except some bald assertions by the witnesses---Though prosecution had put a witness in support of abetment evidence yet he could not justify through his statement the fact of such inaction---Investigation Officer also failed to bring on record such lead that could catch the accused being motivated due to such cause---Probably that was the reason that Trial Court had also disbelieved the motive of sectarian hatred---Nothing could be brought of any immediate or remote religious cause that could turn to be the religious mens rea---applicability of S. 7 of anti-Terrorism act, 1997, was uncalled for, in circumstances---Circumstances established that the prosecution had proved its case against the accused, however, the death sentences to all the accused persons were altered to imprisonment for life under S. 302(b) read with S. 149, P.P.C., on five counts---appeal was dismissed with said modification in sentence. [Para. 14 of the judgment] Citation Name: 2023 PCrLJN 68 LAHORE-HIGH-COURT-LAHOREBookmark this Case ZEESHAN HAIDER alias SHANI VS State Ss. 302, 324, 109, 148 & 149---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, rioting armed with deadly weapon, unlawful assembly, act of terrorism---appreciation of evidence---Sentence, reduction in---Reporting the matter to the police with promptitude---Scope---accused were charged for committing murder of two persons and also causing injuries to six persons of the complainant party by firing---Record showed that aftermath of occurrence, injured witnesses were immediately shifted to the hospital who were medically examined---Post-mortems were also conducted around that time which could be calculated as done after one hour of the occurrence showing the reporting of crime to police so prompt that it ruled out concoction or deliberation---Circumstances established that the prosecution had proved its case against the accused, however, the death sentences to all the accused persons were altered to imprisonment for life under S. 302(b) read with S. 149, P.P.C., on five counts---appeal was dismissed with said modification in sentence. [Para. 11 of the judgment] Citation Name: 2023 PCrLJN 68 LAHORE-HIGH-COURT-LAHOREBookmark this Case ZEESHAN HAIDER alias SHANI VS State Ss. 302, 324, 109, 148 & 149---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, rioting armed with deadly weapon, unlawful assembly, act of terrorism---appreciation of evidence---Sentence, reduction in---Recovery of weapon of offence and crime empties---Reliance---Scope---accused were charged for committing murder of two persons and also causing injuries to six persons of the complainant party by firing---Record showed that from the place of occurrence, Investigating agency collected 37 crime empties of Kalashnikov which were sent to Forensic Science agency and it was proved through the statement of Mohirror and recovery witness---Weapons of offence, Kalashnikovs, were recovered on the lead of accused persons respectively and both witnesses of custody and dispatched cited above confirmed the fact of dispatching it to Forensic Science agency---Yet report of Forensic Science agency showed that it only commented upon the functionality test of such weapon---Perusal of such report further revealed that examination requested by District Police Officer through Inspector was only to the extent of functionality test which was beyond comprehension when crime empties were also sent prior to such recovered weapon---Said recovery in the circumstances was inconsequential, in circumstances---Circumstances established that the prosecution had proved its case against the accused, however, the death sentences to all the accused persons were altered to imprisonment for life under S. 302(b) read with S. 149, P.P.C., on five counts---appeal was dismissed with said modification in sentence. [Para. 12 of the judgment]

ZEESHAN HAIDER alias SHANI vs State Ss — 2023 PCrLJN 68 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported