RIAZ vs State Ss — 2023 YLR 2471 LAHORE-HIGH-COURT-LAHORE

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RIAZ VS State Ss. 302(b), 109, 114, 148 & 149---Qatl-i-amd, abetment, abettor present when offence committed, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence--- Ocular account supported by medical evidence---Accused was charged for committing murder of the brother of the deceased by firing---Eye-witnesses account of the prosecution, which had been adduced by the examination of the complainant, and an eye-witness, was quite consistent---Both the eye-witnesses had seen the occurrence---Eye-witness account of complainant and an eye-witness was corroborated by the medical examination of deceased---Medical Officer conducted the post-mortem examination of the dead body of deceased on 05.03.2016 at 03:30 a.m. and opined that the time elapsed between injuries and death was about 10 to 20 minutes, whereas between death and post-mortem was about 6 to 8 hours---Testimony of said Medical Officer and the postmortem report fully corroborated the ocular account that the injury was received by the deceased with a firearm at the time of occurrence---Both eye-witnesses had stood firm in their cross-examination about the identity of the accused, and the time, place, and manner of assault---Moreover, there was hardly any discrepancy in the statements and the narration of the facts by eye-witnesses about the incident---Site plan also fully corroborated the ocular account---Since the parties were known to each other, there was no question of any misidentification by the eye-witnesses---Not only the post-mortem report supported the statements of the said two witnesses, but FIR also had been lodged promptly, erasing any doubt of manipulation in it---Eye-witnesses were natural witnesses and no reason was found to disbelieve the incident as they narrated--- Circumstances established that the prosecution had proved its case against the accused, however, due to some mitigating circumstances, the death sentence was converted into imprisonment for life---Appeal was dismissed with said modification in sentence.

RIAZ vs State Ss — 2023 YLR 2471 LAHORE-HIGH-COURT-LAHORE

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