Munir Hussain Shah vs State Ss — 2025 YLR 1001 LAHORE-HIGH-COURT-LAHORE

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Munir Hussain Shah VS State Ss. 302(b) & 458---Qatl-i-amd, lurking house-trespass or house-breaking by night after preparation for hurt, assault, or wrongful restraint---Appreciation of evidence---Ocular account supported by medical evidence---Accused was charged for committing murder of the brother of complainant by firing---In order to prove ocular account complainant and an eye-witness appeared---Complainant while appearing in the dock in the Court room reiterated the contents of the crime report---Eye-witness unflinch-Zingly supported the complainant on all material points and deposed that on the fateful day, he went to the house of complainant to see his ailing son and in his view the appellant made two fire shots with his repeater gun, which landed at the right side of abdomen and thigh of deceased--- During 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 and the role played by him for committing murder of the deceased---Defence could not shatter their credibility on material points---Medical Officer, who conducted autopsy on the dead body of the deceased had observed two injuries on right side of lower abdomen and right thigh at upper and outer parts---According to the opinion of Medical Officer, cause of death was due to injury No. 1 which damaged major blood vessels causing hemorrhage and shock---Both the injuries were sufficient to cause death in ordinary course of nature---Medical evidence lent full support to the ocular account---Circumstances established that the prosecution had proved its case against the appellate beyond any shadow of doubt, however, due to mitigating circumstances, the capital punishment was converted into one of imprisonment for life---Appeal was dismissed with said modification in sentence.

Munir Hussain Shah vs State Ss — 2025 YLR 1001 LAHORE-HIGH-COURT-LAHORE

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