Citation Name: 2023 YLR 1054 PESHAWAR-HIGH-COURTBookmark this Case SHAHID MURAD vs State Ss

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Citation Name: 2023 YLR 1054 PESHAWAR-HIGH-COURTBookmark this Case SHAHID MURAD VS State Ss. 302, 324, 449 & 337-F(v)---Qatl-i-amd, attempt to commit qatl-i-amd, house-trespass in order to commit offence punishable with death, ghayr-jaifah-hashimah--- Appreciation of evidence---Ocular account---Scope---Accused were charged for committing murder of two persons of the complainant party and injuring one person by firing, complainant party made firing in defence, due to which one person of the accused party was hit and died---Ocular account of the incident had been furnished by complainant and injured---Complainant reiterated the whole story of the case as mentioned in the FIR---Said witness had been subjected to lengthy and taxing cross-examination through skilful hand, but nothing favourable to defence could be extracted from his mouth while answering the questions of defence---Complainant remained stuck to his stance taken in the FIR and site plan---Complainant correctly pointed out the places of the deceased, injured and the accused at the time of occurrence---Record showed that the occurrence had taken place inside the house of the complainant at 08:00 p.m. but in the recent days marriage of injured had taken place in the house and the prosecution had brought ample evidence on file about availability of plenty of light lit in the house at the time of occurrence, therefore, identification of accused was quite possible, particularly, when they were previously known to the complainant party---Nothing was extracted from the mouth of the complainant to the effect that on the day and time of occurrence he was not present in the house and was present somewhere else---As per statement of complainant, he was 62 years old; therefore, his presence in his house at the time of incident was quite natural and was appealable to a prudent mind---Another eye-witness aged 24/25 years, who had stamp of injuries on her person appeared and remained stuck to her initial stance and corroborated the testimony of complainant on each and every aspect of the occurrence i.e. the day, time and place of occurrence as well as the mode and manner in which the occurrence took place---Injured witness had also furnished true account of the events occurred at the spot---Said witness had not tried to minimize the role of firing on their behalf by deceased---Circumstances established that the prosecution had proved the guilt of the accused persons through cogent and confidence direct/ocular evidence---Appeal was dismissed accordingly. Citation Name: 2023 YLR 1054 PESHAWAR-HIGH-COURTBookmark this Case SHAHID MURAD VS State Ss. 302, 324, 449 & 337-F(v)---Qatl-i-amd, attempt to commit qatl-i-amd, house-trespass in order to commit offence punishable with death, ghayr-jaifah-hashimah--- Appreciation of evidence---Motive was proved---Scope---Accused were charged for committing murder of two persons of the complainant party and injuring one person by firing, complainant party made firing in defence, due to which one person of the accused party was hit and died---Motive behind the occurrence was that some 14/15 years prior to the occurrence, deceased lady/relative of accused party had eloped with brother-in-law of the complainant, due to which, incident took place---Record showed that motive advanced by the complainant had not only been proved by the prosecution in the case but also admitted by the accused party in FIR wherein it had been alleged that on the relevant night there was a Jirga between the parties over the issue of elopement of deceased lady with brother-in-law of the complainant---Circumstances established that the prosecution had proved the guilt of the accused persons through cogent and confidence direct/ocular evidence---Appeal was dismissed accordingly. Citation Name: 2023 YLR 1054 PESHAWAR-HIGH-COURTBookmark this Case SHAHID MURAD VS State Ss. 302, 324, 449 & 337-F(v)---Qatl-i-amd, attempt to commit qatl-i-amd, house-trespass in order to commit offence punishable with death, ghayr-jaifah-hashimah--- Appreciation of evidence---Place of occurrence was not doubtful---Scope---Accused were charged for committing murder of two persons of the complainant party and injuring one person by firing, complainant party made firing in defence, due to which one person of the accused party was hit and died---In the present case, from the places of deceased persons as well as injured, blood was secured by the Investigating Officer along with last worn bloodstained garments of the deceased and that of injured was sent to the Forensic Science Laboratory, positive report whereof corroborated the ocular account of the eye-witnesses and proved the crime spot to be the same place as alleged by the eye-witnesses---Circumstances established that the prosecution had proved the guilt of the accused persons through cogent and confidence direct/ocular evidence---Appeal was dismissed accordingly. Citation Name: 2023 YLR 1054 PESHAWAR-HIGH-COURTBookmark this Case SHAHID MURAD VS State Ss. 302, 324, 449 & 337-F(v)---Qatl-i-amd, attempt to commit qatl-i-amd, house-trespass in order to commit offence punishable with death, ghayr-jaifah-hashimah--- Appreciation of evidence---Recovery of weapon of offence and crime empties---Reliance---Scope---Accused were charged for committing murder of two persons of the complainant party and injuring one person by firing, complainant party made firing in defence, due to which one person of the accused party was hit and died---Forensic Science Laboratory Report with regard to Kalashnikovs of deceased persons produced by complainant to the author of Murasila at the time of report were also sent to the Forensic Science Laboratory by the Investigating Officer along with 14 and 04 crime empties---According to Forensic Science Laboratory Report 14 empties were fired from the Kalashnikov of accused/deceased and 04 from that of deceased---Said piece of circumstantial evidence also corroborated the ocular account furnished by the eye-witnesses---Circumstances established that the prosecution had proved the guilt of the accused persons through cogent and confidence direct/ocular evidence---Appeal was dismissed accordingly. Citation Name: 2023 YLR 1054 PESHAWAR-HIGH-COURTBookmark this Case SHAHID MURAD VS State Ss. 302, 324, 449 & 337-F(v)---Qatl-i-amd, attempt to commit qatl-i-amd, house-trespass in order to commit offence punishable with death, ghayr-jaifah-hashimah--- Appreciation of evidence---Medical evidence---Scope---Accused were charged for committing murder of two persons of the complainant party and injuring one person by firing, complainant party made firing in defence, due to which one person of the accused party was hit and died---Statement of Lady Medical Officer, who conducted autopsy on the dead body of the deceased and examined injured, also supported the ocular account of the prosecution's case---According to post-mortem report, lady deceased met her unnatural death due to firearm injuries to her vital organ like heart---Similarly, as per Medico-Legal Report, injured had sustained firearm injuries---Medical Officer, who had conducted autopsy on the dead body of deceased persons appeared in the witness box and affirmed the death of both the deceased as unnatural due to firearm injuries---All the deceased had received firearms injuries on their bodies having different dimensions meaning thereby that different weapons had been used in the commission of offence---Medical evidence supported the eye-witness's account---Circumstances established that the prosecution had proved the guilt of the accused persons through cogent and confidence direct/ocular evidence---Appeal was dismissed accordingly.

Citation Name: 2023 YLR 1054 PESHAWAR-HIGH-COURTBookmark this Case SHAHID MURAD vs State Ss — 2023 YLR 1054 PESHAWAR-HIGH-COURT

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