Irfan Ali vs State Ss — 2025 PCrLJ 2009 LAHORE-HIGH-COURT-LAHORE

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Irfan Ali VS State Ss. 302(b), 324, 337-F(iii), 109, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr jaifah mutalahimah, abetment, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Motive proved---Accused were charged for committing murder of the deceased by firing and causing firearm injuries to the witness---According to the prosecution case, the bone of contention behind the commission of crime was the fact that the accused intended to illegally get possession of the land owned by one widow for which criminal as well as civil litigation was underway before the appropriate Courts and deceased who was a councilor of the vicinity, was helping the said widow- lady---To substantiate the motive, three eye-witnesses testified during their examination-in-chief according to the version put forth by the complainant in FIR---During evidence, complainant also stated that civil litigation regarding the possession of agricultural land between widow and the accused were pending---Complainant further took the stance during cross-examination that widow-lady instituted a suit for perpetual injunction against the accused with the prayer that the defendants be restrained not to interfere with her possession over the land in dispute---Complainant also asserted that another suit for a permanent injunction against accused were instituted by widow-lady on 16.11.2017 with the prayer that the defendants be restrained not to interfere in her water turn---Record showed that during the investigation, the complainant also produced attested copies of civil suits, copies of petitions, copies of Court orders, KhasraGirdwaries to establish his version regarding motive---Investigating Officer categorically supported the version of the complainant about the possession of widow lady over the disputed land---It was evident from record that a specific question regarding motive was also asked from appellant during his examination under S.342,Cr.P.C., but he replied it by simply stating that it was incorrect---All the said material was crystal clear that the prosecution had also successfully proved the motive part of the incident---Circumstances established that the prosecution had succeeded in proving the charge against the accused, however due to some mitigating circumstances, death sentence was converted into imprisonment for life---With said modification in sentence, appeal was dismissed.

Irfan Ali vs State Ss — 2025 PCrLJ 2009 LAHORE-HIGH-COURT-LAHORE

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