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---Medical evidence corroborating ocular account---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---Medical evidence in the present case was in line with locale, nature and probable time and duration of injuries on the person of both the injured---Blackening was observed by the Medical Officer in the injury of injured which stood corroborated from inter se distance between assailants and the victim, which fact came out during cross-examination of injured and more clearly from explanatory evidence in the form of site plan which was recorded as ½ karam---Thus, there was no deliberate delay in examination of both the injured---Similarly, postmortem examination was also prompt because deceased was examined in an injured condition at 1:40 a.m. whereas he died after four hours at 5:45 a.m. in the morning and his body being in the hospital was dispatched to the mortuary where his postmortem was conducted at 8:00 a.m. by Medical Officer who observed the injuries on both thighs and declared them to be caused with firearm weapon resulting into death of deceased---Defence had also failed to point out any serious flaw in the medical evidence which was supportive to the ocular account, therefore, it could be relied upon---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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