SAMI ULLAH vs State S — 2023 YLR 1461 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 YLR 1461 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: YLR
Parties: SAMI ULLAH vs State S
Subject matter: Criminal
Provisions referred to: S. 302

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

SAMI ULLAH VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---False implication of accused unlikely---Accused was charged for committing murder of the father of complainant by firing---Record showed that complainant was son of deceased whereas eye-witness was brother-in-law of the deceased---Keeping in view the relationship of the eye-witnesses with deceased of the case, it was of the view that substitution in such like cases was a rare phenomenon because it was not expected by the near kith and kin of the deceased person to falsely implicate innocent person in the murder case of their near relative and to let off the real culprit---Both the said eye-witnesses were cross-examined at length but their evidence could not be shaken---Said witnesses corroborated each other on all material aspects of the case---Evidence of said witnesses was confidence inspiring and trustworthy---As the occurrence took place in the broad day light therefore, there was no chance of any mis-identification of the accused in the case---Circumstances established that the prosecution had proved its case against the accused, however, due to some mitigating circumstances, the conviction was maintained but sentence awarded to the accused was altered from death to imprisonment for life---Appeal was dismissed with said modification in sentence.

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