Shahzad Ahmed Shah vs The State through Advocate-General, Azad Jammu and Kashmir, Muzaffarabad Ss

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Shahzad Ahmed Shah VS The State through Advocate-General, Azad Jammu and Kashmir, Muzaffarabad Ss. 302(b) & 109---arms act (XX of 1965), S. 13---Qatl-i-amd, abetment, possession of illicit weapon---appreciation of evidence---Ocular account proved---Sentence, reduction in---accused was charged for committing murder of the brother of complainant by firing---Prosecution produced 24 witnesses to substantiate its claims, with the key witness being the wife of the victim, who allegedly was present with the victim at the time of the incident---Said witness, the widow of the deceased, served as a pivotal eye-witness---Presence of said witness at the crime scene was inherently credible, given her status as the victim's spouse---Witnessing the event firsthand, she accompanied her husband outside upon hearing stones pelting at their residence---There, she directly observed the convict, discharging a .12-bore shotgun at deceased, inflicting lethal injuries to his right arm and chest, which led to his immediate demise---Testimony of widow of deceased was vital, as she not only identified the assailant but also provided a detailed account of the fatal shooting---Said witness provided a detailed account of the incident which occurred on July 28, 2011, at approximately 5:20 aM---In her testimony, she unequivocally identified the accused in Court---Testimony of said witness was critical, highlighting her direct observation of the event, her immediate identification of the assailant and her detailed description of the sequence of actions leading to her husband's death---Complainant, also a witness in the case, corroborated account of widow of deceased---Complainant affirmed the sequence of events as described by her and subsequently approached the police authorities to lodge the FIR---Witness's consistency in recounting the incident, along with his prompt action in reporting to the police, lent further credibility to the case against the accused---Similarly, other prosecution witnesses, being post-occurrence witnesses, clearly deposed observing the accused fleeing with a .12-bore rifle and also described the color of his dress and shoes---another post-occurrence witness stated in her testimony that she also saw the accused with a .12-bore rifle passing by her house---Circumstances established that the prosecution had proved its case against the accused, however due to mitigating factors, death sentence was altered into imprisonment for life---appeal was partly allowed with such modification in sentence.

Shahzad Ahmed Shah vs The State through Advocate-General, Azad Jammu and Kashmir, Muzaffarabad Ss — 2024 YLR 2393 SUPREME-COURT-AZAD-KASHMIR

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