Citation Name: 2024 YLR 2222 LAHORE-HIGH-COURT-LAHOREBookmark this Case Ghulam Abbas alias Agha vs State Ss

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Citation Name: 2024 YLR 2222 LAHORE-HIGH-COURT-LAHOREBookmark this Case Ghulam Abbas alias Agha VS State Ss. 302(b), 324 & 109---Qatl-i-amd, attempt to commit qatl-i-amd, abetment---Appreciation of evidence---Recovery of weapon of offence from the accused---Inconsequential---Accused was charged for committing murder of his wife, her mother and brother by firing---Record showed that weapon of offence, i.e. 7mm rifle, was recovered from the possession of the accused---Investigating Officer secured five crime empties of .7 mm from the crime scene and after arrest of the accused, he allegedly recovered rifle.7mm from his possession---Both crime empties and rifle.7mm were sent for forensic analysis and vide report furnished by the Forensic Science Agency, the same were found matched with each other---On going through memo. of possession of rifle .7mm, it was observed that the accused got it recovered from a room of his residential house, which was kept open in a corner of the room and in the said memo, it was never claimed that the said room was locked or the weapon was lying in a secret place---Meaning thereby that the weapon of offence was recovered from an open place, which according to the scaled site plan, was the upper story of a Madrassa and that place was accessible to the other people too---Thus, the weapon of offence was not recovered from the exclusive possession of the accused---Even otherwise, there was no denial of the fact that the empties were recovered on the very first day of the occurrence i.e. 01.12.2012, whereas the accused was arrested on 02.12.2012 and the recovery of weapon of offence was effected from his possession on 12.12.2012, whereas the same (empties) were sent to the Forensic Science Agency on 13.12.2012, which date was obviously after the arrest of the accused---In these circumstances recovery of weapon of offence was rendered inconsequential and did not provide any corroboration to the ocular account---Circumstances established that the prosecution failed to prove its case on the touchstone of principle of 'beyond reasonable doubt'---Appeal against conviction was allowed, in circumstances. Citation Name: 2024 YLR 2222 LAHORE-HIGH-COURT-LAHOREBookmark this Case Ghulam Abbas alias Agha VS State Ss. 302(b), 324 & 109---Qatl-i-amd, attempt to commit qatl-i-amd, abetment---Appreciation of evidence---Contradictions in ocular account and medical evidence---Accused was charged for committing murder of his wife, her mother and brother by firing---In the FIR complainant claimed that fire shots made by the accused hit his wife on the thigh, abdomen and at her armpit but postmortem report and testimony of Medical Officer, mentioned two lacerated wounds on back of right chest and nothing was observed at her armpit, whereas the complainant had not mentioned that wife of accused had received any injury at the back of chest---So the medical evidence was not in line with the prosecution story, rather it contradicted the same---Circumstances established that the prosecution remained failed to prove its case on the touchstone of principle of 'beyond reasonable doubt'---Appeal against conviction was allowed, in circumstances. Citation Name: 2024 YLR 2222 LAHORE-HIGH-COURT-LAHOREBookmark this Case Ghulam Abbas alias Agha VS State Ss. 302(b), 324 & 109---Qanun-e-Shahadat (10 of 1984), Art. 46---Qatl-i-amd, attempt to commit qatl-i-amd, abetment---Appreciation of evidence---Dying declaration---Scope---Accused was charged for committing murder of his wife, her mother and brother by firing---Statement of brother of complainant was recorded by the Investigating Officer, in injured condition, when he was admitted in Hospital, after having procured requisite permission from the concerned Medical Officer by filing application, who declared that patient was fit for statement, on which his statement was recorded by Investigating Officer---However, it was observed that statement of injured was recorded in terms of S.161, Cr.P.C.---There was no dispute qua the legal proposition that the statement in shape of dying declaration of a deceased was relevant and admissible under Art. 46(1) of Qanun-e-Shahadat Order, 1984 (Order) and R. 25.21 of Chapter XXV of Police Rules, 1934 (Rules)---However, statement of the deceased in the shape of dying declaration had been made relevant but the mechanism of recording the same had not been followed as provided in Rule 25.21 of the Rules, 1934---So, there was no denial of the fact that the Investigating Officer, while recording statement of deceased in injured condition, had not adhered to the mandatory provisions of law as the word 'shall' was used in each of the Rule 25.21(I to V) of Rules, 1934---Conviction can be based on the dying declaration alone, if such statement is recorded in hospital; it should be written in presence of a doctor or any other staff of hospital should be associated---So, in these circumstances, statement of deceased recorded by the Investigating Officer in injured condition in hospital under S.161, Cr.P.C., carried no legal sanctity, rather it should not have been exhibited on record, however, that was the prerogative of accused only to bring it on record for the purpose to contradict and confront the maker---Circumstances established that the prosecution failed to prove its case on the touchstone of principle of 'beyond reasonable doubt'---Appeal against conviction was allowed, in circumstances. Citation Name: 2024 YLR 2222 LAHORE-HIGH-COURT-LAHOREBookmark this Case Ghulam Abbas alias Agha VS State Medical evidence---Scope---Medical evidence does not provide any corroboration to the ocular account, rather it just confirms the nature and seat of injuries, the weapon used therein and the time elapsed between injuries and death and death and postmortem.

Citation Name: 2024 YLR 2222 LAHORE-HIGH-COURT-LAHOREBookmark this Case Ghulam Abbas alias Agha vs State Ss — 2024 YLR 2222 LAHORE-HIGH-COURT-LAHORE

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