Habib-ur-Rehman Chughtai vs Kabir Hussain Ss — 2024 YLR 2091 SUPREME-COURT-AZAD-KASHMIR

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Habib-ur-Rehman Chughtai VS Kabir Hussain Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Mitigating circumstances---Sentences, reduction in---Accused were charged for committing murder of the brother of complainant so as to snatch his car---Allegation levelled against the convict-appellant was that at the time of occurrence he was armed with 30-bore pistol, and he inflicted an injury at the abdomen of the deceased with a fireshot---Perusal of the record showed that although, the convict-appellant was not nominated in the FIR, however, later on, during investigation the police found him involved in the commission of offence and apprehended him---Record also spoke that the alleged pistol was recovered on the pointation of the convict-appellant and the other evidence available on record also connected him with the commission of offence---Nothing was available on record to believe that convict-appellant had falsely been implicated in the case due to any enmity---So, it was not a case of acquittal, however, the record showed that the cause of death of the deceased was the injury inflicted to him by the other convict with a sharp edged weapon---Convict-appellant also played the role in the commission of offence, however, it was a case of circumstantial evidence which was mainly based on last seen evidence and the record spoke that the statements of the last seen witnesses (except complainant) under S.161, Cr.P.C., were recorded after considerable delay---Moreover, the role of the absconding accused persons, had not been determined, and such circumstances could not be ignored lightly---Furthermore, alleged CD was not recovered for the purchase of which the deceased went to the video shop along with the accused persons where the witnesses saw the accused---Similarly, the corroboratory evidence in support of the statements of the witnesses had not been brought on record and the alleged damaged caused to the car of the deceased was also not brought on record---Due to such mitigating circumstances the convict-appellant was sentenced to imprisonment he had already undergone---Appeal was dismissed accordingly.

Habib-ur-Rehman Chughtai vs Kabir Hussain Ss — 2024 YLR 2091 SUPREME-COURT-AZAD-KASHMIR

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