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

Case information

Citation: 2023 YLR 2084 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: YLR
Parties: IMRAN vs State Ss
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

IMRAN VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Presence of injured at spot not doubtful---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---Claim of defence was that why both the injured were not shifted to hospital together, which created doubt about the presence of injured at the spot---Validity---When there was a simple injury that did not require immediate attention compared to a serious one sustained by the deceased, justification for not immediately sending injured to hospital seemed plausible and did not cast any doubt on the presence of injured particularly when Medical Officer had not observed any fabrication in his injury nor it was disputed in essence---Even otherwise it was not expected to select a boy of thirteen years (as per MLR) to fabricate an injury of like nature and at the locale---Thus, separate dispatching of injured had no negative bearing or adverse impact on prosecution case---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.

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