Adil Zaib vs State Ss — 2024 MLD 1278 LAHORE-HIGH-COURT-LAHORE

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Adil Zaib VS State Ss. 302(b) & 452---Pakistan Arms Ordinance (XX of 1965), S. 13-2(a)---Qatl-i-amd, house-trespass, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, possession of illicit weapon---Appreciation of evidence---Ocular account supported by medical evidence---Accused was charged for committing murder of the daughter of the complainant with Churra (dagger)---Tutor of the deceased and her father furnished ocular account of the incident being eye-witnesses---Both the eye-witnesses had absolutely no grudge or ill-will to falsely implicate the accused in the case---Said witnesses were cross-examined at length but their evidence could not be shaken during the process of cross-examination---Eye-witnesses had corroborated each other on all material aspects of the case, they had also established their presence at the time and the place of occurrence with their stated reasons---Evidence of the eye-witnesses was straightforward, trustworthy, confidence inspiring and could not be discarded merely on probabilities---Discrepancies in the statements of the witnesses pointed out by defence were minor and general in nature, and they occur in every case when witnesses are cross-examined after a long time of the occurrence as in present case---Thus, such discrepancies were not fatal to the prosecution case---Medical evidence had been furnished by Medical Officer who during post-mortem examination on the dead body of deceased observed 22-injuries caused with sharp edged weapon on her person attributed to accused which were ante-mortem in nature and were sufficient to cause death in ordinary course of nature---Thus, the medical evidence had fully supported the ocular account---Appeal against conviction was dismissed accordingly. Citation Name: 2024 MLD 1278 LAHORE-HIGH-COURT-LAHORE Adil Zaib VS State Ss. 302(b) & 452---Pakistan Arms Ordinance (XX of 1965), S. 13-2(a)---Criminal Procedure Code (V of 1898), S. 342---Qatl-i-amd, house-trespass, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, possession of illicit weapon---Appreciation of evidence---Plea of accused not backed by any evidence---Accused was charged for committing murder of the daughter of the complainant with Churra (dagger)---Accused had denied his involvement in the case in his statement recorded under S.342, Cr.P.C., and stated that he was innocent and had falsely been involved in the case---Accused had neither opted to appear as witness under S.340 (2), Cr.P.C., nor produced any defence evidence in support of his defence plea---Appeal against conviction was disissed accordingly. Citation Name: 2024 MLD 1278 LAHORE-HIGH-COURT-LAHORE Adil Zaib VS State Ss. 302(b) & 452---Pakistan Arms Ordinance (XX of 1965), S. 13-2(a)---Qatl-i-amd, house-trespass, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, possession of illicit weapon---Appreciation of evidence---Weapon of offence recovered from the accused---Reliance---Accused was charged for committing murder of the daughter of the complainant with Churra (dagger)---Report of Forensic Science Agency showed that blood stained Churra recovered from the possession of the accused had matched with DNA profile of deceased---Appeal against conviction was dismissed accordingly.

Adil Zaib vs State Ss — 2024 MLD 1278 LAHORE-HIGH-COURT-LAHORE

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