Citation Name: 2024 YLR 628 LAHORE-HIGH-COURT-LAHOREBookmark this Case SHAZAM ALI vs State Ss

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Citation Name: 2024 YLR 628 LAHORE-HIGH-COURT-LAHOREBookmark this Case SHAZAM ALI VS State Ss. 302(b) & 392---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, robbery--- Appreciation of evidence---Material evidence not presented---Effect---Accused were charged for committing murder of the brother of the complainant while snatching a car and committing dacoity--- Depositions of the court witnesses summoned on the request of the accused revealed that they were informed about the incident by the control room and they reached the place of occurrence---Said witnesses deposed that the caller's name was unknown to them---Emergency response forms were produced in original before the trial Court, which was signed by one of the court witnesses---Emergency response forms revealed that one of the court witnesses prepared the said documents about the information provided by the accused and services provided by them on the spot to the accused and took the dead body of deceased---Thus, the presence of court witnesses was admitted by the accused---Moreover, said witnesses were extensively cross-examined in all aspects---In fact, during the cross-examination, said witnesses stated the circumstances under which the deceased and injured were taken to the hospital---Deposition of said witnesses had a ring of truth and could not be discarded---Defence had not tried requisitioning the caller's record to ascertain who made the call---Fact had come before the Court during the testimonies of court witnesses that the informer's name was not known to them, instead, information was with the control room---Accused had not made effort for summoning of caller record from the Rescue 1122 force---Thus, an adverse inference was to be drawn within the meaning of Art. 129 (g) of Qanun-e-Shahadat, 1984, that had the caller record been summoned from Rescue 1122 force, then the said report would have been unfavorable to the prosecution---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt, however, due to the mitigating circumstances, the death sentence was converted into imprisonment for life---Appeal was dismissed with modification in sentence. Citation Name: 2024 YLR 628 LAHORE-HIGH-COURT-LAHOREBookmark this Case SHAZAM ALI VS State Ss. 302(b) & 392---Qatl-i-amd, robbery---Appreciation of evidence---Last seen evidence---Accused were charged for committing murder of the brother of the complainant while snatching a car and committing dacoity---Complainant received information about the murder of his brother and the arrest of one person in an injured condition on 30.03.2017 at 01.00 p.m.---Information was given to the complainant by a witness---Statement made by the complainant got corroboration from a statement that was brought on the record by the defence from the witness, who provided information about the murder of the deceased to the complainant---Defence had not challenged the date, time, place of occurrence, presence of accused in the car on the front seat in injured condition, and receiving of injuries by the deceased in the car and falling outside the vehicle---Complainant deposed that the accused along with two others committed the incident, sitting in the car as passengers, driven by his deceased brother on a rental basis, and the defence did not deny such fact---Evidence of the complainant to the extent of his last seen evidence and identification of accused could not be shaken by the defence, despite being subjected to lengthy cross-examination---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt, however, due to the mitigating circumstances, the death sentence was converted into imprisonment for life---Appeal was dismissed with modification in sentence. Citation Name: 2024 YLR 628 LAHORE-HIGH-COURT-LAHOREBookmark this Case SHAZAM ALI VS State Ss. 302(b) & 392---Qatl-i-amd, robbery---Appreciation of evidence---Sentence, reduction in---Mitigating circumstances---Accused were charged for committing murder of the brother of complainant while snatching a car and committing dacoity---In the present case, the factors which had persuaded the Court not to uphold the capital sentence of the accused were the mode and manner of recovery of the pistol 30-bore and crime empty, which had been disbelieved---As the accused had been convicted and sentenced to death for the murder of the deceased, in such an eventuality, the same could be considered a mitigating circumstance---Thus, death sentence awarded to the accused was quite harsh---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt, however, due to the mitigating circumstances, the death sentence was converted into imprisonment for life---Appeal was dismissed with modification in sentence. Citation Name: 2024 YLR 628 LAHORE-HIGH-COURT-LAHOREBookmark this Case SHAZAM ALI VS State Ss. 302(b) & 392---Qatl-i-amd, robbery---Appreciation of evidence---Recovery of weapon of offence and crime empties---Reliance---Accused were charged for committing murder of the brother of complainant while snatching a car and committing dacoity---Record showed that there were discrepancies regarding the recovery of pistol .30-bore in respect of the commission of the offence---In the instant case, the evidence produced by the prosecution about securing the pistol .30-bore and taking it into possession vide recovery memo was concerned, same was not trustworthy---One of the court witnesses specifically said in his examination-in-chief that injured person was having one pistol, which was lying on the seat on which he was sitting---Said witness lifted the said pistol and on their arrival in the hospital, he handed over the said pistol to the police---Mode of recovery of one pistol and crime empty from inside the car created doubt---So, to the extent of the pistol and the crime empty recovered from the place of occurrence by the Investigating Officer, a favorable report of Forensic Science Agency was of no consequence--- Appeal was dismissed with modification in sentence. Citation Name: 2024 YLR 628 LAHORE-HIGH-COURT-LAHOREBookmark this Case SHAZAM ALI VS State Ss. 302(b) & 392---Qanun-e-Shahadat, (10 of 1984), Art. 19(a)---Qatl-i-amd, robbery---Appreciation of evidence---Relevance of facts forming part of same transaction--- Res-gestae--- Scope---Accused were charged for committing murder of the brother of complainant while snatching a car and committing dacoity---Statement was made by accused soon after the incident before court witnesses, who were not Police Officers, but were the members of Rescue 1122 force, and the accused did not deny their presence, was significant in the circumstances of the instant case---According to Art. 19(a) of Qanun-e-Shahadat, 1984, the statement of the accused made soon after the incident was relevant---Article 19(a) of the Qanun-e-Shahadat, 1984, made the evidence of the said court witnesses admissible because they had stated that on their asking accused said that quarrel took place between them and both of them fired at each other---Rationale for making certain statements on fact admissible under Art. 19(a) of the Qanun-e-Shahadat, 1984, was on account of spontaneity and immediacy of such statement or fact in relation to the fact in issue---Such a fact or statement must be part of the same transaction---In other words, such a statement must have been made immediately thereafter---If there was an interval that was sufficient for fabrication, then the statement was not relevant---What transpired from the evidence in the present case was that court witness deposed that on his asking the accused stated that quarrel took place between him and a dead person lying there and due to the said quarrel, they made firing on each other---So, the receiving of injury by the accused, receiving of injuries by the deceased, assembling of the court witnesses at the spot and after providing medical aid shifting of accused in injured condition and deceased to the hospital, making of the statement by accused before the court witness were parts of the same transaction---Unchallenged evidence of such witnesses showed that they came to the spot---Words of accused recorded in Emergency Response Forms were almost immediate so there was hardly any time gap sufficient to enable court witness to fabricate any such story, with the collusion of complainant, whereas Emergency Response Forms were submitted, soon after shifting of injured and dead to the hospital, with the office of 1122 Rescue force---Thus, it was a fit case where the doctrine of res gestae would be attracted and the testimony of court witnesses being treated as part of the same transaction in which the occurrence took place would be relevant and admissible and acceptable in aid of the prosecution---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt, however, due to the mitigating circumstances, the death sentence was converted into imprisonment for life---Appeal was dismissed with modification in sentence. Citation Name: 2024 YLR 628 LAHORE-HIGH-COURT-LAHOREBookmark this Case SHAZAM ALI VS State Ss. 302(b) & 392---Qatl-i-amd, robbery---Appreciation of evidence---Medical evidence corroborating ocular account---Accused were charged for committing murder of the brother of complainant while snatching a car and committing dacoity---Medical evidence was furnished by Medical Officer, who observed six firearm injuries, one incised wound, and two abrasions on the dead body of the deceased---From the testimony of Medical Officer and perusal of the postmortem report, it was revealed that deceased received injuries from a very close range and the position shown in the scaled site plan and un-scaled site plan revealed that deceased was sitting at driver side, which was on right side of the accused, who was sitting on the front seat at the left side of the driver, i.e., deceased---Deceased received firearm injuries on the inner side of his right leg, and the exit was on the outer side of his right leg---Said fact indicated that during the grappling, the deceased and injured accused received injuries---All the said facts indicated that the contents of the Emergency Response Form were correct, as per the statement made by the accused---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt, however, due to the mitigating circumstances, the death sentence was converted into imprisonment for life---Appeal was dismissed with modification in sentence.

Citation Name: 2024 YLR 628 LAHORE-HIGH-COURT-LAHOREBookmark this Case SHAZAM ALI vs State Ss — 2024 YLR 628 LAHORE-HIGH-COURT-LAHORE

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