Bilal Javaid vs State Ss — 2025 YLR 1023 HIGH-COURT-AZAD-KASHMIR

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Bilal Javaid VS State Ss. 302(b) & 341---Qatl-i-amd, wrongful restraint---Appreciation of evidence---Sentence, reduction in---Mitigating circumstances---Accused-appellants were charged for making firing upon complainant party, due to which one person died while another sustained firearm injury---Record showed that eye-witness of the occurrences, an independent witness, though did not deny that deceased received injury due to fire of accused "BJ" but deposed that he did not see accused "BJ" firing at deceased---Bedrock precept of criminal justice was that when the eye-witnesses took two different versions, the one favourable to the accused had to be followed---Statements of other prosecution witnesses were also not of high prestige so as to make the same basis for award of extreme penalty of Qisas---Furthermore, the bullet recovered from the body of deceased was not sent for chemical examination---Witnesses produced by the prosecution were close relatives of complainant and the only independent witness had not fully supported the prosecution version thus the accused was liable to be awarded lesser punishment---Death sentence was converted into imprisonment for life---Appeal was dismissed with modification in sentence. Citation Name: 2025 YLR 1023 HIGH-COURT-AZAD-KASHMIRBookmark this Case Bilal Javaid VS State Ss. 302(b) & 341---Criminal Procedure Code (V of 1898), S.417---Qatl-i-amd, wrongful restraint---Appreciation of evidence---Appeal against acquittal---Accused-appellants were charged for making firing upon complainant party, due to which one person died while another sustained firearm injury---As per contents of FIR, appellant "IA" made indis-criminate firing with Kalashnikov however during trial the prosecution witnesses made improvements in their statements to his extent and deposed that he fired with 30 bore pistol---Neither Kalashnikov nor empties of Kalashnikov were recovered from the place of occurrence and one of the prosecution witnesses deposed in his Court statement that appellant "IA" did not perform any role in the occurrence, hence the case of the prosecution to the extent of accused "IA" was shrouded in mystery---Premeditation on behalf of accused "IA" had also not been proved---Accused could not be convicted merely on the basis of his presence at the place of occurrence, particularly when specific role attributed to him was not substantiated---Prosecution witness deposed in his Court statement that accused "IA" and deceased were together in Bazaar on the day of occurrence and there was no enmity between them, hence the acquittal of accused "IA" by the Court below deserved to be sustained---Moreso, it is also a well settled precept of law that for recalling an acquittal order passed by court of competent jurisdiction it needs to be established that the acquittal order was perverse, arbitrary, fanciful or was not based on cogent evidence---No such eventuality had been found in the instant case rather the prosecution witnesses had improved their version during Court statements to the extent of accused "IA"---Appeal against acquittal of accused "IA" filed by complainant was dismissed, in circumstances. Citation Name: 2025 YLR 1023 HIGH-COURT-AZAD-KASHMIRBookmark this Case Bilal Javaid VS State Ss. 302(b) & 341---Qatl-i-amd, wrongful restraint---Appreciation of evidence---Accused-appellants were charged for making firing upon complainant party, due to which one person died while another sustained firearm injury---Record showed that the place, time, mode of occurrence, presence of convict "BJ" and deceased at the place of occurrence, death of deceased with firearm injury remained undisputed---Defence despite lengthy cross-examination failed to extricate anything harmful to the prosecution version regarding place, time, manner of occurrence and the presence of convict / appellant--- Prosecution witnesses to the extent of role attributed to convict "BJ" remained stable during lengthy cross-examination---Recovery of pistol/ weapon of offence on the pointation of accused "BJ" was also proved and as per report of Forensic Science Agency, the pistol recovered on the pointation of said accused was found to be in mechanical operating condition, functioning properly and the empty recovered from the place of occurrence was identified as having been fired from the same pistol---Medical evidence also corroborated the prosecution version that deceased expired due to firearm injury---Circumstances established that the prosecution had proved its case beyond shadow of doubt, however due to mitigating circumstances, death sentence was converted into imprisonment for life---Appeal was dismissed with modification in sentence.

Bilal Javaid vs State Ss — 2025 YLR 1023 HIGH-COURT-AZAD-KASHMIR

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