MUJEEB UR REHMAN vs State Ss — 2023 YLR 336 FEDERAL-SHARIAT-COURT

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MUJEEB UR REHMAN VS State Ss. 396, 427, 148 & 149---Dacoity with murder, mischief causing damage to the amount of fifty rupees, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Recovery of incriminating articles---Scope---Accused were charged for committing murder of the cousin of the complainant during the course of dacoity in odd hours of the night on highway---Reference to IMEI Numbers of the cell phones recovered from the accused persons and the suspected cell phones, pointing on the accused persons and clinching their presence at the venue of incident at the relevant time and so also before and after the incident---Recovery of huge robbed amount of Rs.6,000,000/- (sixty lac),various other personal articles of the deceased, hired motorcar and motorcycle used in the commission of the offence, from the accused persons, in pursuance of their disclosures---Blood collected from the place of incident, blood stains on the clothes of the deceased, blood stains on the currency notes (looted money), opined to be the blood of human origin of the same group---Recovery of two crime weapons from accused persons and their matching with the four empties, secured from the place of incident, inescapably framed the accused persons with that crime---Injuries sustained by the deceased were consistent with the medical evidence and the crime weapons recovered from the accused persons---Said various pieces of prosecution evidence were so naturally synchronized with another that every hypothesis of innocence of accused persons stand excluded and that was the best evidence available on the record, in circumstances of the case, with no paddling or overdoing and those pieces of evidence were found consistent with the truth and probability---Considering the common course of natural events, which led to an irresistible conclusion that it was a pre-planned dacoity in which the huge amount was robbed from the deceased after committing his murder during the course of dacoity by the accused persons---Circumstances established that the prosecution had succeeded in proving its case against the accused persons beyond any shadow of doubt---Appeal against conviction was dismissed, in circumstances. Head NotesCase Description Citation Name: 2023 YLR 336 FEDERAL-SHARIAT-COURTBookmark this Case MUJEEB UR REHMAN VS State Ss. 396, 427, 148 & 149---Qanun-e-Shahadat (10 of 1984), Art. 40---Dacoity with murder, mischief causing damage to the amount of fifty rupees, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Disclosure made by the accused---Scope---Accused were charged for committing murder of the cousin of the complainant during the course of dacoity in odd hours of the night on highway---Apparently, disclosures of the accused persons giving information to the police after their arrest, in pursuance whereof, on the pointation of accused persons, the recovery of looted money and personal articles of the deceased was made from an almirah lying in a room of the house of accused, motercar and motorcycle used in the commission of subject crime, from the courtyard of his house and on by-pass road respectively, were the relevant and material pieces of evidence under Art. 40 of the Qanun-e-Shahadat, 1984---Arrest of the accused persons with recovery of looted huge cash amount of Rs.6,000,000/-, other personal articles of the deceased, together with the recovery of hired motorcar and motorcycle used in the commission of offence, with the crime weapons by use whereof the murder of the deceased was committed were also formidable circumstances admissible under Art. 21 of Qanun-e-Shahadat, 1984---Circumstances established that the prosecution had succeeded in proving its case against the accused persons beyond any shadow of doubt---Appeal against conviction was dismissed, in circumstances. Head NotesCase Description Citation Name: 2023 YLR 336 FEDERAL-SHARIAT-COURTBookmark this Case MUJEEB UR REHMAN VS State Ss. 396, 427, 148 & 149---Dacoity with murder, mischief causing damage to the amount of fifty rupees, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Sentence, reduction in---Ocular account---Scope---Accused were charged for committing murder of the cousin of the complainant during the course of dacoity in odd hours of the night on highway---Record showed that the taxi driver, who had attended the deceased per chance shortly after the assault when the accused persons already decamped from the scene, had submitted state forward, consistent and confidence inspiring evidence on the issue of commission of offence at the place of occurrence---Similarly, complainant, who was cousin of deceased, reported the matter through a murasila, deployed there being Incharge Casualty, Hospital, which was later on incorporated in book under S.154, Cr.P.C., wherein he did not nominate anyone---Complainant merely pointed that he receiving the information about the murder of the deceased, who was being brought to the hospital, rushed to the hospital where he found the deceased dead, having firearm injuries---On the next day after namaz-e-janaza one witness told him that the deceased was bringing sixty lac for him---Complainant narrated such facts to Investigating Officer, who incorporated the same in his statement under S.161, Cr.P.C., which had been substantiated in their evidence by both the persons having also produced receipt containing endorsement receipt on its bottom in respect of the said amount of Rs. Sixsty lac---No animus could be attributed to any of the said witnesses---Said prosecution witnesses had supported the prosecution case, they were subjected to lengthy and searching cross-examination, but nothing could be elicited to shatter their testimony---Said witnesses remained consistent on all material particulars---No doubt there were some minor contradictions in their statements, but those being natural, because of lapse of such long time of more than six (06) years between the incident and their examination, were insignificant---Circumstances established that the prosecution had succeeded in proving its case against the accused persons beyond any shadow of doubt---Appeal against conviction was dismissed, in circumstances. Head NotesCase Description Citation Name: 2023 YLR 336 FEDERAL-SHARIAT-COURTBookmark this Case MUJEEB UR REHMAN VS State Ss. 396, 427, 148 & 149---Criminal Procedure Code (V of 1898), S. 342---Dacoity with murder, mischief causing damage to the amount of fifty rupees, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence--- Defence plea--- Scope---Accused were charged for committing murder of the cousin of the complainant during the course of dacoity in odd hours of the night on highway---Record showed that all the accused persons in their respective statements under S. 342, Cr.P.C., while giving answer to question had stated that they were not present on the cited date and time at the place of occurrence---Stating further that they were present at their respective residences, which needless to say, were situated at different areas and far away from each other as was evident from the title page of memo. of the appeal---However, none among them had established such alibi plea, by examining any person even from the inmates of their respective houses, which adversely reflected upon them---Circumstances established that the prosecution had succeeded in proving its case against the accused persons beyond any shadow of doubt---Appeal against conviction was dismissed, in circumstances. 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MUJEEB UR REHMAN vs State Ss — 2023 YLR 336 FEDERAL-SHARIAT-COURT

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