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ASHAR ABBAS alias ASHERA vs State Ss — 2023 YLRN 56 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 YLRN 56 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Parties
ASHAR ABBAS alias ASHERA vs State Ss
Subject matter
Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ASHAR ABBAS alias ASHERA VS State Ss. 302(b), 324, 337-F(i), 337-F(ii) & 337(v)---Qatl-i-amd, attempt to commit qatl-i-amd, damiyah, badi'ah, hashimah---Appreciation of evidence---Sentence, reduction in---Presence of eye-witnesses at the place of occurrence was not doubted---Scope---Accused was charged for committing murder of the deceased and also causing injuries to four other persons---Ocular account in the case had been furnished before the Trial Court by five injured including complainant---Admittedly, the occurrence took place in the house of the deceased as well as accused, whereas two injured were inmates of the house, therefore, their presence in their own house at the time of incident was quite natural and probable---Two injured were residents of the same area and as such their presence on the spot at the time of incident could not be doubted---In the FIR as well as before the Trial Court, the complainant explained his presence at the place of occurrence stating that he went to the house of his hamzulf to inquire about his health condition as he was not feeling well, therefore, his presence on the spot at the relevant time could not be considered unnatural and improbable---Eye-witnesses sustained injuries during the incident at the hand of the accused and their Medico-Legal Reports were available on the record---Place of occurrence had not been disputed by the defence---Eye-witnesses were subjected to lengthy cross-examination but they remained consistent on material aspects of the case and nothing favourable to the defence could be extracted---Circumstances established that the prosecution had succeeded in proving its case against the accused beyond shadow of doubt---Motive as set up by the prosecution had not been believed and recovery of chhuri at the instance of accused was inconsequential---Death sentence was converted into imprisonment for life in circumstances---Appeal against conviction was dismissed with said modification in sentence.

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