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---Ocular account supported by medical evidence---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---Ocular account furnished by complainant and an eye-witness was supported by two injured witnesses who stated the narrative of prosecution in consistent, coherent and confidence inspiring way while mapping all-necessary details encompassing the effective roles of the accused persons in conformity with prosecution story---Identity of accused in the dark night though was not disputed yet sufficient light was available near the crime scene due to marriage function and it was admitted position that parties were ascending or descending cousins, therefore, identity remained no issue throughout---Though all the witnesses were related to the deceased and injured, yet they could not be termed as interested because their presence at the event of marriage of their cousin was natural---Injuries viewed during the occurrence by the witnesses stood verified through prompt Medico-Legal examination of two inured witnesses and the postmortem of two deceased by Medical Officer---Though primarily one injury on the front of chest was incorrectly mentioned by the complainant for reporting the crime yet thorough second statement on the same day it was stated to be on the back whereas two witnesses remained firm in stating the role of accused since inception---Even otherwise in a state of panic it was not expected from a witness to state the roles of accused with such precision so as to expect a photographic narration---Medical officer declared the injuries as result of firearm weapon and description stood matched with the inter se distance between the accused persons and targeted victims as reflected from the explanatory evidence in the form of site plan---Medical evidence lent support to ocular account---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