ALAM RAHEEL alias ALAM RASEEL vs State S — 2023 YLRN 18 PESHAWAR-HIGH-COURT

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ALAM RAHEEL alias ALAM RASEEL VS State S. 302(b)---Qatl-i-amd--- Appreciation of evidence---Weapon of offence and crime empties were recovered--- Reliance--- Scope--- Accused was charged for committing murder of two sons of the complainant by firing---Record showed that on the day of incident, the accused was arrested from in front of his house and from his personal possession, a Kalashnikov used in the incident was taken into possession---Said Kalashnikov was sent to the Forensic Science Laboratory along with the recovered empties and a report was received in positive---Bona fide of the complainant could be assessed from the fact that the effective role of firing was attributed to the accused, whereas, no role of firing was attributed to the co-accused---Circumstances of the case, in the shape of recoveries from the spot and positive laboratory report supported the case of the prosecution in general and the statement of the complainant in particular---Circumstances established that the prosecution had proved its case against the accused beyond the shadow of any doubt---Appeal against conviction being bereft of merit was dismissed, in circumstances. S. 302(b)---Criminal Procedure Code (V of 1898), Ss. 164/364---Qatl-i-amd---Appreciation of evidence---Confessional statement of accused, recording of---Scope---Accused was charged for committing murder of two sons of the complainant by firing---Record told that soon after the incident, the accused was arrested along with the weapon used and on the next day of his arrest, he was produced before court of Judicial Magistrate, where he opted to confess his guilt and as such, his statement under Ss.164/364, Cr.P.C., was recorded---Judicial Magistrate who recorded the confessional statement of the accused stated that, the accused produced before him for recording his confessional statement--- Allegedly, the Judicial Magistrate provided sufficient time to the accused to think and recomposed himself which he did and thereafter, his statement was recorded---Relevant questions were put to the accused before his statement was recorded and after having been satisfied that the accused, without any influence and coercion, was ready to confess so his statement was recorded---Judicial Magistrate was cross-examined at length, but nothing detrimental could be extracted from his mouth in favour of the accused and in disfavor of the prosecution---Said witness remained consistent on material aspects of the case and even, he disclosed that after recording his confessional statement, the accused was handed over to the Naib Court who onward sent him to the judicial lock up---Agitated that the accused after recording his statement was handed over to the same police who had brought him before the court, but it came on record that police from the police line were called and the accused was handed over to them to place him in the judicial lock up---Sequence of events narrated by the accused while confessing his guilt left no ambiguity that it was he who killed the deceased---Despite efforts, the defence could not succeed in convincing that either the confession was made on inducement or the accused was tortured---Accused was arrested and he recorded his confessional statement the next day---No ambiguity was left in that the confessional statement was true and voluntarily recorded---Circumstances established that the prosecution had proved its case against the accused beyond the shadow of any doubt---Appeal against conviction being bereft of merit was dismissed, in circumstances. S. 302(b)---Qatl-i-amd---Appreciation of evidence--- Motive was proved---Scope---Accused was charged for committing murder of two sons of the complainant by firing---Motive was alleged to be a dispute over womenfolk, but the same was not explained by the complainant---Explanation came on record when the accused confessed his guilt before the Court of Judicial Magistrate and his statement was recorded under Ss. 164/364 of the Criminal Procedure Code, 1898---Accused during his statement before the Court of Judicial Magistrate explained that two of his daughters were married to the deceased and that two of the daughters of the complainant were engaged to his sons---Accused further explained that with the passage of time, the situation between the parties turned strained and in that eventuality, one of the daughters of the accused who was married to one of the deceased persons was living a deserted life in his house and that the daughters of the complainant who were engaged to the sons of the accused were refused to them and were engaged to the sons of his cousins and that was because of those reasons, that he got infuriated and on the day of incident, when the deceased were passing in front of his house, he fired at them, as a result, the deceased died on the spot---Said explanation by the accused lent support to the motive alleged by the complainant---Circumstances established that the prosecution had proved its case against the accused beyond the shadow of any doubt---Appeal against conviction being bereft of merit was dismissed, in circumstances. S. 164--- Confessional statement---Scope---Confessional statement could not be made basis for convicting an accused charged, but equally true that when the prosecution was in possession of the ocular account and circumstantial evidence, then in that eventuality, the confessional statement could be taken into consideration for convicting an accused charged. S. 302(b)---Qatl-i-amd---Appreciation of evidence---Presence of complainant at the spot was not doubted---Scope---Accused was charged for committing murder of two sons of the complainant by firing---Record showed that the houses of the complainant and the accused were situated at a little distance from each other and that the presence of the complainant at the time of incident was nearer to the truth---Complainant pointed out the spot to the Investigating Officer and on his pointation, the site plan was prepared and the recoveries were effected---Recoveries of three empties of 7.62 bore from the place of the accused and bloodstained earth from the places of the deceased strengthened the prosecution case to a greater extent---Scribe reached to the spot on receiving information and the matter was reported by the complainant on the spot and thereafter, the dead bodies were shifted to the doctor for postmortem examination---Scribe was examined who stated that while present a little away from the place of incident, an informer informed him regarding the tragedy and when he along with police officials reached to the spot, the complainant was present who reported the matter which he took in the shape of Murasila and after preparation of the injury sheets and inquest reports, the dead bodies were sent to the doctor for postmortem examination---Said witness was cross-examined on material aspects of the case, but nothing detrimental to the prosecution case could be extracted from his mouth---Said witness was cross-examined at length, but the defence could not succeed in shattering his testimony, rather he explained the minute details of the case---Circumstances established that the prosecution had proved its case against the accused beyond the shadow of any doubt---Appeal against conviction being bereft of merit was dismissed, in circumstances. S. 302(b)---Qatl-i-amd---Appreciation of evidence---Complainant as sole eye-witness---Scope---Accused was charged for committing murder of two sons of the complainant by firing---Complainant came forward and narrated the events as the occurred and no infirmity could be pointed out in his statement---Complainant was questioned regarding the targets and he categorically stated that the accused fired at the deceased and did not fire at him, but it was not persuaded to count that fact against the prosecution---Had there been blood feud between the parties then the complainant would have been fired at, but the accused was nourishing a grudge against the deceased only--- Circumstances established that the prosecution had proved its case against the accused beyond the shadow of any doubt---Appeal against conviction being bereft of merit was dismissed, in circumstances. S. 302(b)---Qatl-i-amd---Appreciation of evidence---Related witness---Statement of---Reliance---Scope---Accused was charged for committing murder of the two sons of the complainant by firing---Parties were in blood relationship and the complainant being real father of the deceased was not expected to let off the real culprit and falsely implicate the accused for the murder of his sons, especially when there was no blood feud between them---Substitution or false implication became a rare phenomenon, in the circumstances---Circumstances established that the prosecution had proved its case against the accused beyond the shadow of any doubt---Appeal against conviction being bereft of merit was dismissed, in circumstances. S. 302(b)---Qatl-i-amd--- Appreciation of evidence---Positive report of empties and weapon---Scope---Accused was charged for committing murder of two sons of the complainant by firing---Spot arrest of the accused and the positive laboratory report in respect of the collected empties and recovered weapon---Positive laboratory report was supportive in nature and alone could not be taken into consideration to determine the fate of an accused charged, but as the prosecution had direct eye-witness account and voluntary confession of the accused, so the same could be taken into consideration as a supportive piece of evidence, and the same lent support to the case of the prosecution---Circumstances established that the prosecution had proved its case against the accused beyond the shadow of any doubt---Appeal against conviction being bereft of merit was dismissed, in circumstances.

ALAM RAHEEL alias ALAM RASEEL vs State S — 2023 YLRN 18 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported