Abid Ali vs State Ss — 2024 PCrLJ 1252 LAHORE-HIGH-COURT-LAHORE

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Abid Ali VS State Ss. 302(b), 324, 337-F(3), 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah- hashimah, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Minor discrepancies in the statements of witnesses due to efflux of time---Inconsequential---Accused were charged that they made firing upon the complainant party, due to which brother of the complainant died while son of complainant sustained fire arm injuries---Record showed that occurrence took place on 08.10.2014 and statements of witnesses of ocular account i.e. complainant, injured witness and an eye-witness were recorded in the year 2019---Minor inconsistencies and discrepancies appeared in the statements of witnesses with the passage of time; however, such inconsistencies/discrepancies could not dislodge the case of prosecution---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt, however, due to some mitigating circumstances, death sentence of the appellant was reduced to imprisonment for life---Appeal was dismissed with said modification in sentence. Citation Name: 2024 PCrLJ 1252 LAHORE-HIGH-COURT-LAHORE Abid Ali VS State Ss. 302(b), 324, 337-F(3), 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah- hashimah, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Recovery of crime weapon on the pointation of accused---Inconsequential---Accused were charged that they made firing upon the complainant party, due to which brother of the complainant died while son of complainant sustained firearm injuries---Record showed that Kalashnikov along with five cartridges was recovered on the pointing out of the accused, and same was received in Forensic Science Agency, on 08.06.2017---Yet any report regarding comparison of the same with the empties/cartridge cases secured from the place of occurrence had not been produced by the prosecution rather as per report of Forensic Science Agency dated 06.07.2017, the Kalashnikov was found to be in mechanical operating condition with safety features functioning properly---Perusal of aforementioned report revealed that cartridge cases had already been collected by Investigating Officer on 06.10.2016 from Forensic Science Agency, and it was asked by said agency for resubmission of said cartridge cases if comparison report was required with the rifle recovered from accused but nothing was available on the record to show that investigating agency again submitted said empties/cartridge cases for comparison with said rifle; therefore, when there was nothing brought on the record to show that empties secured from the place of occurrence were found as having been fired with Kalashnikov rifle recovered from the accused, then said recovery was inconsequential and of no help to the case of prosecution---However due to other pieces of evidence, prosecution had proved its case against the accused beyond any shadow of doubt, but, due to some mitigating circumstances, his death sentence was reduced to imprisonment for life---Appeal was dismissed with said modification in sentence. Citation Name: 2024 PCrLJ 1252 LAHORE-HIGH-COURT-LAHORE Abid Ali VS State Ss. 302(b), 324, 337-F(3), 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah- hashimah, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Absconsion of the accused not validly explained---Accused were charged that they made firing upon the complainant party, due to which brother of the complainant died while son of complainant sustained fire arm injuries---Accused became fugitive from law after the occurrence, his non-bailable warrants of arrest and proclamation were also issued---Said accused was declared as "proclaimed offender" and after remaining absconder for a considerable period of more than two years and seven months, he was ultimately arrested---Accused could not offer any valid/acceptable reason to explain the same, so, his unexplained and considerable abscondance also provided corroboration to the ocular account against him---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt, however, due to some mitigating circumstances, death sentence of the appellants was reduced to imprisonment for life---Appeal was dismissed with said modification in sentence. Citation Name: 2024 PCrLJ 1252 LAHORE-HIGH-COURT-LAHORE Abid Ali VS State Ss. 302(b), 324, 337-F(3), 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah- hashimah, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Credibility of the witnesses proved---Accused were charged that they made firing upon the complainant party, due to which brother of the complainant died while son of complainant sustained fire arm injuries---After going through the statements of complainant, injured and eye-witness, it had been observed that they deposed required detail of occurrence in straightforward, clear, unambiguous and unequivocal manner---Said witnesses were subjected to searching cross-examination but neither anything favourable to present accused persons nor adverse to the prosecution could come on the record---Furthermore credibility of the testimony of witnesses could not be minimized/impeached---Even otherwise, presence of injured witness who had stamp of receiving firearm injury on his body at the "time and place" of occurrence, was beyond doubt and his testimony carried more evidentiary value---Therefore, ocular account produced by the prosecution was confidence inspiring, truthful and reliable---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt, however, due to some mitigating circumstances, death sentence of the appellants was reduced to imprisonment for life---Appeal was dismissed with said modification in sentence. Citation Name: 2024 PCrLJ 1252 LAHORE-HIGH-COURT-LAHORE Abid Ali VS State Ss. 302(b), 324, 337-F(3), 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah- hashimah, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Sentence, reduction in---Mitigating circumstances---Accused were charged that they made firing upon the complainant party, due to which brother of the complainant died while son of complainant sustained firearm injuries---Record showed that accused Mr. "A" made single firearm shot at deceased---Both factors i.e. inconsequential recovery of weapon and single shot constituted mitigating circumstances for reduction of sentence of Mr. "A" from death to imprisonment of life---So, sentence of "death" awarded to accused by the Trial Court was converted to imprisonment for life under S. 302(b) P.P.C---Appeal was dismissed with partial modification/reduction in sentence of accused "A". Citation Name: 2024 PCrLJ 1252 LAHORE-HIGH-COURT-LAHORE Abid Ali VS State Ss. 302(b), 324, 337-F(3), 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah- hashimah, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Substitution of real culprit, a rare phenomenon---Scope---Accused were charged that they made firing upon the complainant party, due to which brother of the complainant died while son of complainant sustained firearm injuries---Complainant was brother of deceased and father of injured whereas said injured of the case and eye-witness was nephew of the complainant---As per case of the prosecution, role of causing fatal firearm injury to deceased had been ascribed to Mr. "A" whereas role of causing firearm injury on right foot of injured witness had been attributed to "MA" and any valid/plausible reason to make false deposition by the complainant and eye-witness against both the accused persons could not be brought/established on the record---Furthermore, it was a broad daylight occurrence; admittedly, previous criminal litigation existed between the parties; both the accused persons were already known to the complainant and eye-witnesses including injured, hence, there was no question of misidentification of the accused persons---There was no reason as to why complainant, injured and eye-witness would substitute the accused persons, who had committed murder of their close relative and caused firearm injury to the injured---In such circumstances, substitution of the real culprits was a rare phenomenon---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt, however, due to some mitigating circumstances, death sentence of the appellant was reduced to imprisonment for life---Appeal was dismissed with said modification in sentence. Citation Name: 2024 PCrLJ 1252 LAHORE-HIGH-COURT-LAHORE Abid Ali VS State Ss. 302(b), 324, 337-F(3), 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah- hashimah, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Motive proved---Accused were charged that they made firing upon the complainant party, due to which brother of the complainant died while son of complainant sustained fire arm injuries---Previous enmity was stated to be the motive of the occurrence---Prosecution produced copy of a previous FIR and perusal of the same revealed that deceased of the present case was first informant/complainant in the same, which was recorded under Ss. 324, 148, etc., P.P.C against one of the accused persons of present case and others---Furthermore, motive had not been denied rather was admitted by the defence---Therefore, case of the prosecution against both thesaid accused persons was also corroborated by the motive---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt, however, due to some mitigating circumstances, death sentence of the appellants was reduced to imprisonment for life---Appeal was dismissed with said modification in sentence. Citation Name: 2024 PCrLJ 1252 LAHORE-HIGH-COURT-LAHORE Abid Ali VS State Ss. 302(b), 324, 337-F(3), 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah- hashimah, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Chance witnesses---Presence of chance witnesses at the time and place of occurrence proved---Accused were charged that they made firing upon the complainant party, due to which brother of the complainant died while son of complainant sustained firearm injuries---Previous enmity was stated to be the motive of the occurrence---Ocular account produced by prosecution comprised of statements of complainant, injured and an eye-witness---Though said witnesses were not residents of the place of occurrence yet it had been mentioned in statement as well as in the FIR that residential Dera of the complainant was situated at a distance of about 3-kilometers towards south from village whereas his agricultural land was towards south-west at a distance of about 2-kilometers from residential Dera---On 08.10.2014 at about 12.00 pm (noon), complainant along with deceased and witnesses were coming back after looking at their lands and when they reached near canal outlet, the occurrence took place---Moreover, it is routine of villagers that they usually go to their lands for looking after their crops etc. in the morning time and come back at about noon time---So, complainant and cited eye-witnesses had explained acceptable and valid reason regarding their presence at the relevant "time and place" of occurrence, which was quite natural and appealed to a common prudent man---Furthermore, injured was the eye-witness who received firearm injury on his body during the occurrence and being injured witness his presence at the time and place of occurrence could not be doubted/questioned---In view of above, though they were chance witnesses yet their testimony could not be doubted/thrown away merely for the reason that they had no residence over at the place of occurrence---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt, however, due to some mitigating circumstances, death sentence of the appellant was reduced to imprisonment for life---Appeal was dismissed with said modification in sentence.

Abid Ali vs State Ss — 2024 PCrLJ 1252 LAHORE-HIGH-COURT-LAHORE

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