SANA ULLAH vs State Ss — 2023 YLR 1727 LAHORE-HIGH-COURT-LAHORE

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SANA ULLAH VS State Ss. 302, 324, 337-a(i) & 337-F(ii)---Qatl-i-amd, attempt to commit qatl-i-amd, Shajjah-i-khafifah, ghayr-jaifah-badi'ah---appreciation of evidence---Presence of eye-witnesses at the crime scene natural---Effect---accused was charged for committing murder of the parents of complainant by inflicting knife blows---To substantiate its case though direct evidence, the prosecution produced three witnesses---Two of them were real brother and sons of deceased persons whereas third witness was their neighbor---Complainant while appearing before the Trial Court had reiterated the same facts and levelled the same allegation against the accused in a mode and manner as he had mentioned in his application before the police on the basis whereof FIR, was registered---Statement of complainant was fully corroborated by the statements of other two witnesses---all the witnesses stuck to the stance taken by them on the day of occurrence in their statements recorded under Ss. 154 & 161 of the Code of Criminal Procedure, 1898, respectively without any noticeable and material deviations---During the cross-examination, nothing beneficial to the accused surfaced---No material discrepancies or improbabilities in their statements, to the extent of role of accused, could be hinted at by the accused---Though, two witnesses were real sons of deceased whereas third witness was their neighbor, yet their presence at the scene of occurrence was very much natural---Said witnesses had furnished plausible explanation to be present along with deceased at the relevant time---answering statements of the eye-witnesses without any inconsistency inspired confidence---Perusal of FIR reflected that the witnesses tried to rescue the deceased and grappled, due to which accused also sustained injuries with his knife---In that way, no doubt was left qua the presence of the witnesses at the spot at the relevant time---Defence, therefore, failed to remotely infer that there could be false implication---Even otherwise, it was not acceptable to a prudent mind that close relatives would let off the real culprit accused of killing their near and dear one's and falsely implicate an innocent person---Court was satisfied that eye-witnesses were present at the scene of occurrence at the time of incident and their claim of having seen the tragedy stood proved from material available on record---Ocular account furnished by prosecution also got corroboration from medical evidence as the anti-mortem injuries on the person of both the deceased attributed to the accused were reflected in the post-mortem reports---Statements of Medical Officers, who conducted postmortem upon the dead body of the deceased, were subjected to cross-examination by the defence but nothing helpful to the defence could be extracted from them---Thus, the medical evidence provided full support to the ocular account in the case---Circumstances established that the prosecution had proved its case against the accused beyond any doubt---appeal against conviction was dismissed accord-ingly.

SANA ULLAH vs State Ss — 2023 YLR 1727 LAHORE-HIGH-COURT-LAHORE

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