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---Criminal Procedure Code (V of 1898), S. 342---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr jaifah mutalahimah, abetment, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Plea of self defence raised belatedly and also not proved---Accused were charged for committing murder of the deceased by firing and causing firearm injuries to the witness---Accused was arrested on 14.05.2018 and immediately his first version was recorded by Investigating Officer wherein he did not take plea of self defence---Similar was the case when accused filed post arrest bails which were dismissed upon merits however, during the course of trial the accused introduced the plea of self defence---Same set of questions were asked not only from eye-witnesses but put to the Investigating Officer also during cross-examination upon which all the witnesses categorically denied the fact that accused was ploughing field on 03.05.2018 on the land on which the murder took place---Said land was claimed to be in possession of the appellant as owner and he claimed that when he had seen deceased and injured witness who along with 5-6 unknown reacheding there, having firearm weapons to dispossess him from the disputed land, he hid himself nearby citrus garden; that deceased and complainant party made indiscriminate firing to kill him and he in his self defence also fired few shots and managed his escape good from that garden---In spite of claim of heavy indiscriminate firing by complainant party at the spot only two crime empties were recovered which ultimately matched with the pistol recovered from the possession of the accused---Furthermore, the documents produced in defence in the shape of suit and order further spoke volume that in fact a civil suit was filed by widow lady against accused and others upon which the citrus garden was available and in said suit the counsel for accused entered appearance before the Court and got recorded his statement that accused would not dispossess widow lady etc. from the land in dispute otherwise than in due course of law---In the wake of the very said-document the possession of accused in the year 2017 as claimed by him stood nullified because the statement was got recorded by his counsel on 07.02.2018---Another document that was the copy of Khasra Gardawari was crystal clear of the fact that the possession upon square No.21 Killa No.7 and 8 had been shown to be of widow lady from Kharif 2017 to Rabi 2018---In this way the plea of accused of self defence was not proved during the course of evidence introduced at a belated stage just to save his skin from conviction---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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