Citation Name: 2024 YLR 145 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD KASHIF vs State Ss

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Citation Name: 2024 YLR 145 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD KASHIF VS State Ss. 302(b), 324, 337-a(i), 337-F(iii), 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, shajjah-i-khafifah, ghayr-jaifah-hashimah, rioting armed with deadly weapon, unlawful assembly---appreciation of evidence---Discrepancies in the statement of injured witness---Inconsequential---accused were charged for making firing upon the brother of complainant and others, due to which the brother of complainant died while one other person sustained fire arm injuries---allegedly, injured stated during his cross-examination that he sustained two firearm injuries, whereas, testimony of injured witness showed that he received single injury on his person---However, the said witness, in his statement recorded under S. 161, Cr.P.C. before the police as well as examination-in-chief before the Trial Court simply deposed sustaining of single fire arm injury at the hands of accused---Incident took place in the month of September, 2015, whereas, evidence of said witness was recorded in March, 2018 i.e. after a delay of 31-months---Injured was subjected to grueling and taxing cross-examination---First and foremost impression which was gathered from the testimony of said witness was that he was a rustic witness---Such witness who was subjected to cross-examination at such a length was bound to get confused and make some inconsistent statement---In that backdrop, discrepancy pointed out by the defence could not be blown out of proportion---Basic principle of appreciating the evidence of a witness was that the Court should examine the statement of such a witness in its entirety and if the same rang truth any variation/deviation, which might have been occurred due to certain reasons, should be ignored---Discrepancy pointed out by the defence was not of such a vital nature, on the basis of which entire testimony of a star witness could be discarded---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---appeal against conviction was dismissed accordingly. Citation Name: 2024 YLR 145 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD KASHIF VS State Ss. 302(b), 324, 337-a(i), 337-F(iii), 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, shajjah-i-khafifah, ghayr-jaifah-hashimah, rioting armed with deadly weapon, unlawful assembly---appreciation of evidence--- Ocular account supported by medical evidence---accused were charged for making firing upon the brother of complainant and others, due to which the brother of complainant died while one other person sustained fire arm injuries---Complainant and an eye-witness both were brothers of the deceased and deposed in unison the story of the occurrence as mentioned in the FIR---Injured deposed exactly in line with the eye-witness giving minute details of the incident and raised accusing fingers towards the accused persons deposing that accused made a fire with his pistol 30 bore upon him---Said witnesses were subjected to exhaustive cross-examination but they remained firm and consistent on all material aspects of the case qua the date, time and manner of the occurrence, names of the accused persons with their specific role and the weapons of offence used in the occurrence and the defence could not shatter their credibility in any eventuality---Medical Officer, medically examined the injured and observed two lacerated wound and two firearm injuries including an exit wound---Medical evidence was exactly in line with the ocular account and lent full support thereto---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---appeal against conviction was dismissed accordingly. Citation Name: 2024 YLR 145 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD KASHIF VS State Ss. 302(b), 324, 337-a(i), 337-F(iii), 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, Shajjah-i-khafifah, ghayr-jaifah-hashimah, rioting armed with deadly weapon, unlawful assembly---appreciation of evidence---Sentence, reduction in--- Mitigating factors---accused were charged for making firing upon the brother of complainant and others, due to which the brother of complainant died while one other person sustained fire arm injuries---as far as quantum of sentence awarded to accused "N" in offence under S. 324, P.P.C., was concerned, there were certain circumstances, such as his young age, acquittal of two co-accused and non-repetition of fire shot by him, which warranted lesser punishment under that Section---Statedly, the said accused had already served out more than three years of his substantive sentence, which was sufficient to meet the ends of justice---Circumstances established that the prosecution had proved its case against the said accused, however his appeal was dismissed with such modification in his sentence. Citation Name: 2024 YLR 145 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD KASHIF VS State Ss. 302(b), 324, 337-a(i), 337-F(iii), 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, shajjah-i-khafifah, ghayr-jaifah-hashimah, rioting armed with deadly weapon, unlawful assembly---appreciation of evidence---Delay of 18 to 24 hours in conducting postmortem upon the dead body of the deceased---Inconseqential---accused were charged for making firing upon the brother of complainant and others, due to which the brother of complainant died while one other person sustained fire arm injuries---Police Constable deposed in cross-examination that he escorted the dead body along with police papers to the hospital and reached there at about 9:15 p.m.---Similarly, identifier of the dead body deposed in cross-examination that they reached the hospital at about 9/9.30 p.m. but the doctor was not available---From the testimonies of these witnesses, it was established on record that the dead body of the deceased along with police papers was dispatched to the hospital within two hours---after dispatching the dead body to the hospital, the prosecution had fulfilled its duty and if due to non-availability of the doctor the post mortem examination was not conducted well in time, its benefit could not be extended to the defence---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---appeal against conviction was dismissed accordingly. Citation Name: 2024 YLR 145 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD KASHIF VS State Ss. 302(b), 324, 337-a(i), 337-F(iii), 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, shajjah-i-khafifah, ghayr-jaifah-hashimah, rioting armed with deadly weapon, unlawful assembly---appreciation of evidence---Recovery of pistol on the instance of accused and crime empties from the spot---Inconsequential---accused were charged for making firing upon the brother of complainant and others, due to which the brother of complainant died while one other person sustained fire arm injuries---Investigating Officer transmitted pistols 30-bore allegedly recovered at the instance of the accused to the office of Forensic Science agency for comparison with the crime empties already secured from the spot but no report from the said office was available on record---Both the parties were in unison on the point that according to the report of said office crime empties secured from the spot were not found wedded with the pistols shown to have been recovered at the instance of the accused---Said fact had also been observed by the Trial Court in its impugned judgment, therefore, it could safely be said that the recovery of weapons of offence from the accused remained inconsequential--- appeal against conviction was dismissed. Citation Name: 2024 YLR 145 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD KASHIF VS State Ss. 302(b), 324, 337-a(i), 337-F(iii), 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, shajjah-i-khafifah, ghayr-jaifah-hashimah, rioting armed with deadly weapon, unlawful assembly---appreciation of evidence---acquittal of co-accused on same set of evidence---Inconsequential---accused were charged for making firing upon the brother of complainant and others, due to which the brother of complainant died while one other person sustained fire arm injuries---Record showed that the acquittal of co-accused persons had no bearing upon the fate of the accused for the reasons that their role was quite distinguishable because no injury was attributed to them on the person of the deceased or the injured witness---One of the co-accused persons was attributed the role of raising Lalkara whereas other co-accused was assigned the role of causing injury with his Danda but to whom he caused the said injury remained mysterious throughout the investigation and the trial---No blunt injury was found on the person of deceased, whereas, according to the opinion of Medical Officer two blunt injuries sustained by the injured could be a result of falling on hard and solid material---In the given circumstances, acquittal of co-accused, out of abundant caution did not adversely impact upon the prosecution case---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---appeal against conviction was dismissed accordingly. Citation Name: 2024 YLR 145 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD KASHIF VS State Ss. 302(b), 324, 337-a(i), 337-F(iii), 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, shajjah-i-khafifah, ghayr-jaifah-hashimah, rioting armed with deadly weapon, unlawful assembly---appreciation of evidence---Natural witnesses---Presence of witnesses at the spot proved---accused were charged for making firing upon the brother of complainant and others, due to which the brother of complainant died while one other person sustained fire arm injuries---Record showed that the crime report at the instance of complainant was registered promptly, which fact alone was sufficient to believe that the complainant was present at the spot---Had complainant been not present at the venue and time of occurrence, it was highly improbable for the prosecution to report the matter to the police station in such shortest possible time---Even otherwise, Investigating Officer, who prepared the scaled site plan denied the suggestion in his cross-examination qua non-availability of the complainant at the spot at the relevant time---In the given circumstances, mere omission for not mentioning the complainant's name in the site plan could not be considered as the sole reason to believe that he was not present at the spot at the relevant time---Injured sustained injuries during the occurrence at the hands of the accused persons and as such his presence at the place of occurrence at the relevant time could not be questioned in any manner---Injured categorically deposed against the accused persons before the Trial Court raising accusing finger towards none else but the accused persons being responsible for the murder in issue and also causing fire arm injuries to him---Said injured witness faced the test of cross-examination with full confidence and his sole statement in the facts and circumstances of the case was sufficient to bring home guilt of the accused persons---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---appeal against conviction was dismissed accordingly. Citation Name: 2024 YLR 145 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD KASHIF VS State Ss. 302(b), 324, 337-a(i), 337-F(iii), 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, shajjah-i-khafifah, ghayr-jaifah-hashimah, rioting armed with deadly weapon, unlawful assembly---appreciation of evidence---Promptness in lodging FIR---accused were charged for making firing upon the brother of complainant and others, due to which the brother of complainant died while one other person sustained fire arm injuries---Incident took place on 11.09.2015 at about 07:15 p.m., which was reported to the police promptly at 09:10 p.m. keeping in view the inter-se distance between the place of occurrence and the police station as 2½ kilometers---Promptness in lodging the crime report not only confirmed the presence of eye-witnesses at the spot but also excluded every hypothesis of deliberation, consultation and fabrication prior to the registration of the case---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---appeal against conviction was dismissed accordingly. Citation Name: 2024 YLR 145 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD KASHIF VS State Ss. 302(b), 324, 337-a(i), 337-F(iii), 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, shajjah-i-khafifah, ghayr-jaifah-hashimah, rioting armed with deadly weapon, unlawful assembly---appreciation of evidence---Motive not proved---accused were charged for making firing upon the brother of complainant and others, due to which the brother of complainant died while one other person sustained fire arm injuries---Motive behind the occurrence as ascribed by the prosecution was a quarrel that took place between accused and injured, a few days before the occurrence but neither any date, time and place of such occurrence was given nor any of the eye-witnesses claimed that such incident took place in his presence---Said matter was neither reported to the police nor any Panchyat was convened to resolve the same---In such circumstances, it was held that the motive, as set out by the prosecution, was nothing except the word of mouth---appeal against conviction was dismissed. Citation Name: 2024 YLR 145 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD KASHIF VS State Ss. 302(b), 324, 337-a(i), 337-F(iii), 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, shajjah-i-khafifah, ghayr-jaifah-hashimah, rioting armed with deadly weapon, unlawful assembly---appreciation of evidence---Night time occurrence---Source of light---accused were charged for making firing upon the brother of complainant and others, due to which the brother of complainant died while one other person sustained fire arm injuries---Record showed that the occurrence took place on 11th of September, 2015 at 07:15 p.m. and normally during that time sun set occurs and at the most it is Maghrab prayer time, therefore, it was quite easy for the witnesses to identify the real culprits even without any artificial source of light---Furthermore, source of light i.e. electric bulb/tube light was well mentioned in the site plan and not taking the same into possession during investigation had no legal backing---apart from that, the parties were previously known to each other and the incident took place in front of a milk-shop where generally the shopkeeper switched on lights prior to dawn of darkness and as such, the question of misidentification or non-identificationof the actual culprit was highly improbable---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---appeal against conviction was dismissed accordingly.

Citation Name: 2024 YLR 145 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD KASHIF vs State Ss — 2024 YLR 145 LAHORE-HIGH-COURT-LAHORE

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