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---Night time occurrence---Source of light established---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---Complainant and injured in their examination in chief had mentioned the presence of bulb (as mentioned in the FIR) at the time of occurrence---Presence of complainant and injured was not seriously disputed by the defence nor any attempt was made to shatter it---In the present case, it was the desperation of defence to argue that bulb and energy saver were two different things and much time was taken to argue that point, yet by implication it was admitted that source of light was available---Defence had also disputed that why source of light (energy saver) was not taken into possession by Police Officer/ASI at the time of his first visit despite the fact that he collected bullet-casings at the spot---What was required from a first responder (Police Officer/ ASI) was rendered by him and taking the energy saver into possession by another Investigator did not diminish its efficacy when no evidence was brought on record that house of occurrence was not wired for using electricity---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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