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---Presence of the eye-witnesses at the time and place of occurrence proved---Accused was charged for committing murder of the brother of complainant by firing---Although the place of occurrence was not the abode of eye-witness but that fact alone could not be made universal rule for disbelieving the presence of an eye-witness at the place of occurrence---If a witness furnishes a plausible explanation of his presence at the place of occurrence at the relevant time the same ought to be considered and if the same is found plausible or appeals to a prudent mind, the same will be given weightage, irrespective of whether the acclaimed eye-witness is the resident of the same vicinity or not---In the instant case not only the complainant in crime report explained that the eye-witness came to his house as a guest but the said witness while appearing in the dock in the Court room categorically furnished the reason of his visit to the house of the complainant in the manner that "On 15.04,2017, he went to visit his son, who was ill"---Said witness was close relative of the complainant and in our rural set up, close relatives visit the house of each other on multiple occasions, including marriages, bereavement or to see an ailing family member and their overnight stay cannot be seen with doubt---Even otherwise, on such point the defence questioned at a considerable length but the witness remained firm and consistent and the defence failed to shake his testimony in that regard---Crime report was lodged with sufficient promptitude and eye-witness faced the test of lengthy cross-examination with full confidence and described the incident minutely, which established his presence at the venue of occurrence at the relevant time without any doubt---Complainant was the resident of the same house and his presence in his own house at night time could not be questioned---Complainant, while appearing in the dock before the Trial Court categorically raised accusing finger towards the appellant for making two fire shots on the right side of abdomen and right thigh of deceased---Complainant faced the test of lengthy cross-examination with full confidence, which could not be crushed by the defence with even a slight difference---Sole statement of complainant was sufficient to believe the prosecution version and bring home guilt against the appellant beyond shadow of doubt---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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