IMRAN vs State Ss — 2023 YLR 2084 LAHORE-HIGH-COURT-LAHORE

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IMRAN VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Statement of injured recorded by the Investigating Officer---Scope---Accused were charged that they in furtherance of their common intention made firing upon complainant party, due to which one person died whereas other was injured---Recording of statement of injured by the police was seriously taken as ground to discard his evidence with the stance that injured claimed his statement was recorded by Investigating Officer whereas in the police record his statement was recorded by another Police Officer---During his cross-examination Investigating Officer denied recording of statement of injured and injured also did not name him as the man who recorded his statement rather said in the opening lines of his cross-examination that police recorded his statement on the night of occurrence---Complainant was also present at that time---Complainant had already lodged FIR of the case prior to recording of said statement---Record showed that case was taken up by Police Officer/ASI on receiving information who then was not assigned the duty to investigate, his role at the most was of first responder to the crime scene and as per S. 157, Cr.P.C. he performed certain functions at the place of occurrence till the entrustment of investigation to Investigating Officer---First responder could perform number of functions at the site like; to preserve the scene of crime from disturbance; to secure the spot recoveries and draft the crime scene as it looked like at his first sight---First responder could record particulars of and secure the presence of potential witnesses and obtain information relating to case---In the present case witnesses were at a hospital, therefore, said Police Officer on receiving information reached there and recorded particulars of witnesses including injured---Certainly, in order to obtain information, he had talked to the said injured, as his injury statement was prepared by him which the witness could term as recording of statement---Circumstances established that the prosecution had proved its case against the accused persons beyond any shadow of reasonable doubts, however due to some mitigating factors, the death sentence awarded to one of the accused persons was altered to imprisonment for life---Appeal was dismissed with modification in sentence.

IMRAN vs State Ss — 2023 YLR 2084 LAHORE-HIGH-COURT-LAHORE

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