M. Ihsan alias Malkoo vs State Ss — 2025 PCrLJ 334 LAHORE-HIGH-COURT-LAHORE

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M. Ihsan alias Malkoo VS State Ss. 302(b), 337-F(i) & 34---Qatl-i-amd, ghayr-jaifah-damiyah, common intention---Appreciation of evidence---Presence of eye-witnesses at the time and place of occurrence established---Accused were charged for committing murder of the brother of complainant and also causing firearm injuries to his other brother---Complainant and injured unanimously raised accusing fingers towards accused "I" for causing two fire shots at the right thigh and right knee joint of deceased and one at the upper part of right leg of injured, while they were on their way to home after attending Court proceedings---In the course of cross-examination, both the witnesses of ocular account remained firm and consistent on all material aspects of the incident qua the date, time, place, mode and manner of the occurrence, name of the appellant, weapon of offence, role played by him for committing murder of the deceased and causing injuries to the injured witness, and the defence could not extract any favourable material from their mouths---During evidence, it came on surface that the complainant was also accused in a case that allegedly served as motive for present occurrence---No doubt the case, which was fixed on the fateful day, was not the motive case but another case was lodged by the deceased against the appellant, however, keeping in view previous criminal litigation, it was not unusual in our society for a person to accompany his brother during Court proceedings as a matter of pre-caution---Even otherwise, on such point the defence had questioned the complainant at considerable length but he remained firm and consistent and even gave minute details of the incident in quite a natural manner, which established his presence at the venue of occurrence at the relevant time without any doubt---Injured witness sustained injuries during the occurrence, as such his presence at the venue of occurrence at the relevant time could not be questioned---Circumstances established that the prosecution had proved its case against the accused, however due to some mitigating circumstances, the sentence of capital punishment was converted into one of imprisonment for life---Appeal was dismissed with said modification in sentence.

M. Ihsan alias Malkoo vs State Ss — 2025 PCrLJ 334 LAHORE-HIGH-COURT-LAHORE

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