ABDUL AZIZ vs State Ss — 2023 YLR 2120 LAHORE-HIGH-COURT-LAHORE

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

ABDUL AZIZ VS State Ss. 302, 324, 337-F(v) & 34---Qatl-i-amd, attempt to commit qatl-i-amd, itlaf-i-udw, common intention---Appreciation of evidence---Common intention, applicability of---Accused were charged that they made firing upon the complainant party, due to which father and brother of the complainant died whereas complainant and two of his relatives were injured---In the present case, evidence spoke that accused persons nourished grudge against deceased who had reportedly divorced their sister four years back and went abroad---Arrival of said deceased in Pakistan just some days before the occurrence had prompted them to commit his murder---Prosecution story at one side was requested to be believed only on production of divorce deed in evidence along with passport of deceased, but without producing any evidence of rift between the parties long after such divorce, when they were related to each other as cousins---It was not clear that how the occurrence started, particularly when accused though armed with pistol preferred to capture complainant against whom neither any motive was attributed nor he was the target of the accused persons, whereas occurrence inflated only when deceased and his father stepped forward to rescue the complainant---All the accused persons in a frenzy targeted not only the deceased, but also his father who had no axe to grind against the accused persons---Similar was the situation with two injured persons---Every accused targeted their victim as per space available to them---Whole scenario depicted no communion of minds and no evidence of common intention was available on the record---Thus, on the basis of similar intention each accused was responsible for his individual acts played by them during the occurrence---Circumstances established that the prosecution had succeeded in proving its case against the accused persons, however, due to mitigating circumstances, the death sentence was altered to imprisonment for life---Appeal was partly allowed with modification in sentence.

ABDUL AZIZ vs State Ss — 2023 YLR 2120 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2023 YLR