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

Case information

Citation
2025 PCrLJ 334 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2025
Reporter
PCRLJ
Parties
M. Ihsan alias Malkoo vs State Ss
Subject matter
Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

M. Ihsan alias Malkoo VS State Ss. 302(b), 337-F(i) & 34---Qatl-i-amd, ghayr-jaifah-damiyah, common intention---Appreciation of evidence---Related and interested witnesses, evidence of---Reliance---Accused were charged for committing murder of the brother of complainant and also causing firearm injuries to his other brother---Both the witnesses of ocular account were closely related to the deceased inasmuch as they were real brothers of deceased yet their testimony could not be discarded merely on that score by treating them as interested witnesses---One of the witnesses sustained injury during the occurrence and the complainant had also established that he was accompanying the deceased at the relevant time, as such they were quite natural witnesses, who could conveniently describe the incident in the manner as it happened as compared to any other independent witness---No earthly reason was there for the eye-witnesses to falsely implicate the appellant in substitution of the real culprit---Even otherwise, substitution of the real culprit with an innocent one, in particular, where the eye-witnesses had lost their close kith and kin, was a rare phenomenon---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.

Other judgments reported in 2025 PCRLJ

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