ALI ASGHAR vs State Ss — 2023 YLRN 68 LAHORE-HIGH-COURT-LAHORE

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ALI ASGHAR VS State Ss. 302(b), 449 & 34---Qatl-i-amd, house trespass in order to commit offence punishable with death, common intention---Appreciation of evidence---Sentence, modification of---Presence of witnesses at the spot was justifiable---Scope---Accused was charged that he along with his co-accused committed murder of husband of complainant by firing---Dispute over a Ahata between the accused and deceased was motive behind the occurrence---Record showed that the ocular account of the incident had been furnished by complainant and brother of deceased---Witnesses of ocular account were residents of the same area where the incident took place, therefore, their presence on the spot at the time of incident could not be considered unnatural or improbable---Eye-witnesses though were closely related to the deceased, as the complainant was his wife whereas witness was his brother, but merely because of their (eye-witnesses) close relationship with the deceased, their evidence could not be discarded---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, thus, the witnesses of ocular account were present on the spot and had witnessed the occurrence---Circumstances established that the prosecution had proved its case against the accused, however, motive set up by the prosecution had not been believed and the recovery of weapon of offence had not been proved, thus, it was not a case of capital punishment---Death sentence awarded to the accused was converted into imprisonment for life---Appeal was dismissed with modification in sentence.

ALI ASGHAR vs State Ss — 2023 YLRN 68 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported