Citation Name: 2023 YLR 328 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD YASIN vs State Ss

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Citation Name: 2023 YLR 328 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD YASIN VS State Ss. 302(b) & 109---Qatl-i-amd, abetment---Appreciation of evidence---Sentence, reduction in---Ocular account supported by medical evidence---Scope---Accused was charged for committing murder of minor daughter of the complainant---Motive behind the occurrence was that cousin of complainant contracted marriage with the niece of accused against the wishes of her family, due to said grudge, accused committed the offence---Ocular account of the occurrence had been furnished by complainant and a eye-witness---Both the said witnesses absolutely had no grudge or ill-will to falsely implicate the accused in the case---Said witnesses were cross examined at length but their evidence could not be shaken during the process of cross-examination---Said witnesses corroborated each other on all material aspects of the case---Witnesses had also established their presence at the time of occurrence at the place of occurrence with their stated reasons---Evidence of the said witnesses was straightforward, trustworthy and confidence inspiring--- Discrepancies pointed out in the statements of the witnesses by the defence were minor and general in nature, occurred in every case when the witnesses (who were human being) were cross-examined after a long time of the occurrence as in the present case, were not fatal to the prosecution case---Medical evidence had been furnished by Medical Officer who during post-mortem examination observed injuries on the person of deceased attributed to accused which were ante-mortem in nature and was sufficient to cause death in ordinary course of nature---Medical evidence had fully supported the ocular account---Circumstances established that the prosecution had proved its case against the accused beyond shadow of doubt---In the present case, it was not determinable as to what was the real cause of occurrence and as to what had actually happened before the occurrence which resulted into the incident---Conviction of accused in offence under S.302(b), P.P.C. for committing murder of the deceased was maintained but his sentence was altered from death to imprisonment for life, in circumstances---Appeal was dismissed with said modification in sentence. Citation Name: 2023 YLR 328 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD YASIN VS State Ss. 302(b) & 109---Qatl-i-amd, abetment---Appreciation of evidence---Sentence, reduction in---Motive was not proved---Scope---Accused was charged for committing murder of minor daughter of the complainant---Complainant stated regarding motive of the occurrence that his cousin contracted marriage with niece of the accused against the wishes of her family---Said cousin had not been produced to establish that motive which was not believable---If evidence of motive was excluded from consideration, even then the prosecution had proved its case beyond shadow of doubt against the accused---In the present case, it was not determinable as to what was the real cause of occurrence and as to what had actually happened before the occurrence which resulted into the incident---Conviction of accused in offence under S.302(b), P.P.C., for committing murder of the deceased was maintained but his sentence was altered from death to imprisonment for life, in circumstances---Appeal was dismissed with said modification in sentence. Citation Name: 2023 YLR 328 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD YASIN VS State Ss. 302(b) & 109---Qatl-i-amd, abetment---Appreciation of evidence---Mitigating circumstances---Quantum of punishment--- Scope--- Accused was charged for committing murder of minor daughter of the complainant---In the present case, it was not determinable as to what was the real cause of occurrence and as to what had actually happened before the occurrence which resulted into the unfortunate incident---Conviction of accused in offence under S.302(b), P.P.C. for committing murder of the deceased was maintained but his sentence was altered from death to imprisonment for life, in circumstances---Appeal was dismissed with said modification in sentence. Citation Name: 2023 YLR 328 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD YASIN VS State Ss. 302(b) & 109---Qatl-i-amd, abetment---Appreciation of evidence---Sentence, reduction in---Recovery of weapon of offence---Scope---Accused was charged for committing murder of minor daughter of the complainant---On arrival of the police at the place of occurrence, complainant produced snatched (from the accused) blood-stained Toki before Investigating Officer, who took the same into possession vide recovery memo---Report of Forensic Science Agency in that respect was positive---Investigating Officer stated in his cross examination that when accused was produced before him he was in injured condition, he, after providing him alternate clothes, took his blood-stained clothes into possession---Circumstances established that the prosecution had proved its case against the accused beyond shadow of doubt---Not determinable as to what was the real cause of occurrence and as to what had actually happened before the occurrence which resulted into the incident---Conviction of accused in offence under S.302(b), P.P.C., for committing murder of the deceased was maintained but his sentence was altered from death to imprisonment for life, in circumstances---Appeal was dismissed with said modification in sentence.

Citation Name: 2023 YLR 328 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD YASIN vs State Ss — 2023 YLR 328 LAHORE-HIGH-COURT-LAHORE

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