Shahid Ali alias Makhi vs State Ss — 2025 PCrLJ 555 LAHORE-HIGH-COURT-LAHORE

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Shahid Ali alias Makhi VS State Ss. 302(b), 316 & 34---Qatl-i-amd, qatl shibh-i-amd common intention---Appreciation of evidence---Related witnesses, evidence of---Scope---Accused was charged for committing murder of the son of complainant by giving kicks and fists blows---Record showed that complainant was not an eye-witness of the occurrence, therefore, the prosecution had mainly relied upon the statements of two eye- witnesses, who happened to be close relatives of deceased inasmuch as one eye-witness was his paternal uncle whereas other witness was his paternal cousin---While appearing in the witness box before the Trial Court, eye-witnesses remained in comfortable unison with each other on all aspects of the case---Eye-witnesses vigorously pointed their accusing fingers towards the appellant with specific attribution of giving kicks and fists blows to the deceased and despite lengthy cross-examination by the defence, nothing favourable to the appellant could be extracted from their mouths---Not a single piece of convincing evidence had been brought on the record by the defence to substantiate that the complainant or the eye-witnesses had deposed falsely due to their close relationship with the deceased or due to existence of their previous enmity with the appellant rather their evidence was consistent, straightforward, trustworthy, confidence inspiring and reliable---Thus, evidence of complainant and eye-witnesses against the appellant could not be discarded merely on the basis of oral assertions of appellant---Circumstances established that case of the appellant fell within the scope of "qatl shibh-i-amd" as defined in S.315, P.P.C. and made punishable under S.316, P.P.C.---Thus, the conviction and sentence awarded by the Trial Court to the appellant on the charge under S.302(b), P.P.C. was set aside and while convicting him under S.316, P.P.C., he was sentenced to undergo rigorous imprisonment for a period of 10-years on account of committing qatl shibh-i-amd of deceased---Appeal was dismissed with modification in the conviction and sentence of the appellant.

Shahid Ali alias Makhi vs State Ss — 2025 PCrLJ 555 LAHORE-HIGH-COURT-LAHORE

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