Imtiaz Ullah vs State Ss — 2024 PCrLJ 1467 LAHORE-HIGH-COURT-LAHORE

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Imtiaz Ullah VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Recovery of pistol on pointing out of the accused---Negative forensic report---Conviction still upheld---Accused were charged for committing murder of the son of complainant by firing and causing fire arm injuries to the complainant---Recovery of pistol .30-bore on pointing out of the accused in presence of negative report of Forensic Science Agency qua matching of the crime empties was inconsequential, but it was not fatal to the prosecution case---Circumstances established that the prosecution had proved its case beyond shadow of doubt against the accused, however, due to some mitigating circumstances, death sentence was altered to imprisonment for life---Appeal was dismissed with said modification in sentence. Citation Name: 2024 PCrLJ 1467 LAHORE-HIGH-COURT-LAHORE Imtiaz Ullah VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Motive not proved---Conviction still upheld---Accused were charged for committing murder of the son of complainant by firing and causing fire arm injuries to the complainant---Motive of occurrence was that daughter of the complainant being wife of the accused was not ready to reside with accused as he was a man of bad character, but she has not been produced in support of such motive---Circumstances established that the prosecution had proved its case beyond shadow of doubt against the accused, however, due to some mitigating circumstances, death sentence was altered to imprisonment for life---Appeal was dismissed with said modification in sentence, in circumstances. Citation Name: 2024 PCrLJ 1467 LAHORE-HIGH-COURT-LAHORE Imtiaz Ullah VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Sentence, reduction in---Mitigating circumstances---Accused were charged for committing murder of the son of complainant by firing and causing fire arm injuries to the complainant---As per record, some mitigating circumstances were noted; firstly, recovery of pistol.30-bore on pointing out of the accused in presence of negative report of Forensic Science Agency qua matching of the crime empties was inconsequential---Secondly, single fire shot had been attributed to the accused on the person of deceased, and there was no allegation of repetition---Thirdly, motive had been disbelieved with reasons---It was not determinable in the case as to what was the real cause of occurrence and as to what had actually happened immediately before the occurrence which resulted in the present unfortunate incident---Consequently, the death sentence was altered to imprisonment for life---Appeal was dismissed with said modification in sentence, in circumstances. Citation Name: 2024 PCrLJ 1467 LAHORE-HIGH-COURT-LAHORE Imtiaz Ullah VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Prompty lodged FIR---Ocular account supported by medical evidence---No chance of false implication---Accused were charged for committing murder of the son of complainant by firing and causing fire arm injuries to the complainant---Occurrence took place in the street on 28.05.2016 at 09.40 pm whereafter FIR was lodged on the same night at 11.10 pm---Accused was son-in-law of the complainant, and having that close relationship, there was no question of his mis-identity despite the fact that occurrence took place at night as complainant could not take risk to falsely involve his son-in-law in the murder case of his son to ruin the matrimonial life of his daughter, especially when in the same occurrence complainant himself sustained firearm injuries---In such like cases, substitution of an accused was a rare phenomenon---Both the eye-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 and they had also established their presence at the time of occurrence and at the place of occurrence with their stated reasons---Evidence of eye-witnesses was straightforward, trustworthy and confidence inspiring---Medical Officer during medical examination observed firearm entry wound on left thigh of deceased, then injured, and firearm grazing wounds on the fingers of right hand of injured/complainant, which were attributed to the accused---On death of deceased, Medical Officer during post-mortem examination also observed firearm injuries on dead body of the deceased which were ante-mortem in nature and were sufficient to cause death in ordinary course of nature, therefore, the medical evidence had fully supported the ocular account---Circumstances established that the prosecution had proved its case beyond shadow of doubt against the accused, however, due to some mitigating circumstances, his death sentence was altered to imprisonment for life---Appeal was dismissed with said modification in sentence, in circumstances. Citation Name: 2024 PCrLJ 1467 LAHORE-HIGH-COURT-LAHORE Imtiaz Ullah VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Minor discrepancies in the statements of witnesses---Inconsequential---Accused were charged for committing murder of the son of complainant by firing and causing fire arm injuries to the complainant---Discrepancies in the statements of the witnesses pointed out by defence were minor and general in nature which occurred in every case when witnesses (who were human-beings) were cross-examined after a long time of the occurrence as in present case, and same were not fatal to the prosecution case---Circumstances established that the prosecution had proved its case beyond shadow of doubt against the accused, however, due to some mitigating circumstances, his death sentence was altered to imprisonment for life---Appeal was dismissed with said modification in sentence, in circumstances.

Imtiaz Ullah vs State Ss — 2024 PCrLJ 1467 LAHORE-HIGH-COURT-LAHORE

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