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---Non-production of witness---Inconsequential---Accused were charged for committing murder of the brother of complainant and also causing firearm injuries to his other brother---Allegedly, one of the witnesses namely "AH" mentioned in the crime report was given up by the prosecution, so an inference could be drawn that he was not ready to support the prosecution version---Prosecution was not bound to produce all the witnesses---If the appellant was sure that such witness was not ready to support the prosecution witnesses, he had ample opportunity rather was at liberty to examine him in his defence or even submit application before the Trial Court to summon him as Court witness but merely on such basis other overwhelming and confidence inspiring prosecution evidence could not be discarded---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.

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