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

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SAMI ULLAH VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Ocular account supported by medical evidence---Accused was charged for committing murder of the father of complainant by firing---Ocular account furnished by complainant and eye-witness had been fully supported by the medical evidence produced through Medical Officer who conducted the postmortem examination on the dead body of deceased within a period of 06 hours and 30 minutes from the occurrence---Although it was objected by defence that there was conflict between the ocular account and medical evidence of the prosecution because as per ocular account of the prosecution, deceased received four (04) firearm injuries, whereas, according to the medical evidence and postmortem report, there were five (05) injuries on the body of the deceased but it was noteworthy that one (01) out of the five (05) injuries mentioned by the Medical Officer i.e., injury No. 1 was a grazing wound on the right arm of deceased, whereas, injury No.2 was on the right armpit of the deceased---So it was evident that injuries Nos. 1 and 2 were result of the same fire shot---Even the prosecution witnesses stated that first fire shot made by the accused after hitting right arm of deceased landed at his right armpit---Moreover, an eye-witness was not expected to give photo picture of each and every injury sustained by the deceased, with exactitude in the state of panic and sensation created at the time of occurrence due to the firing of accused---Circumstances established that the prosecution had proved its case against the accused, however, due to some mitigating circumstances, the sentence awarded to the accused was altered from death to imprisonment for life---Appeal was dismissed with said modification in sentence.

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

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