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---Ocular account supported by medical evidence---Scope---Accused was charged that he along with his co-accused committed murder of husband of complainant by firing---Prosecution case was that the accused had made straight firing at the deceased, hitting on his chest, left shoulder and bicep---Medical Officer, who conducted post-mortem examination of the dead body of deceased, appeared before the Trial Court and furnished the medical evidence---Post-mortem examination report prepared by the said Medical Officer showing injuries on the person of the deceased i.e. multiple lacerated wounds on frontal part of left side of chest including frontal part of left upper arm were available on record, thus, the ocular account was fully supported by medical evidence---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