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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
Provisions referred to
S. 161---Q; S. 161; Criminal Procedure Code (V of 1898)

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---Criminal Procedure Code (V of 1898), S. 161---Qatl-i-amd, ghayr-jaifah-damiyah, common intention---Appreciation of evidence---Non recording of statement of injured by the police due to negligence---Inconsequential---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---Allegedly, the statement of injured witness under S.161, Cr.P.C., was not recorded, therefore, his testimony before the Court could not be made basis to sustain conviction and sentence of the appellant---Injured witness sustained injury during the occurrence and even his name was reflecting in the calendar of witnesses---Medical Officer, who conducted his Medico-Legal Examination, ruled out any possibility of fabrication qua the injury sustained by him, therefore, no one else was more aware of the facts than the said witness and his testimony could not be excluded merely for the reasons that the Investigating Officer due to negligence or with mala fide intention did not record his statement under S.161, Cr.P.C---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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