Ibrar vs State Ss — 2025 YLR 1201 LAHORE-HIGH-COURT-LAHORE

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Ibrar VS State Ss. 302(b) & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Defence plea of spar of the moment incident not proved---Accused was charged for committing murder of his wife/daughter of the complainant by firing and also caused firearm injuries to the complainant---Plea of accused, that the incident was not a result of premeditation and happened at the spur of moment in the heat of passion and without any undue advantage, as such the case fell within the ambit of S.302 (c) P.P.C---Validity---Such plea was introduced for the first time before the High Court---Neither it had been taken by the appellant during the investigation, nor in that regard any suggestion was put to the prosecution witnesses nor even the appellant in his statement recorded under S.342, Cr.P.C. took such kind of plea, rather he totally denied the commission of the offence---From the material available on record it could be gathered that in this unfortunate incident one innocent lady lost her life while the complainant sustained fire arm injuries---From the statement of the star witness/ Complainant, whose testimony went unchallenged during the course of cross-examination, it was manifestly clear that on the unfortunate day, appellant while armed with fire arm, came to the house of the complainant, raised lalkara and without further entering into argument with any member of the family opened the fire shot which landed upon his deceased wife and then repeated the same resulting into injuries to the complainant---In such backdrop, defence plea of spur of the moment or heat of passion could not be taken into account---Intention of premeditation of the appellant to kill his wife could be gathered from the fact that he came into the house of the complainant while armed with a conventional weapon and opened the fire shot without entering into any conversation with the deceased or her other family members---Furthermore, repetition of fire upon the complainant was sufficient proof of the intention of the appellant that he came to the house of the complainant well prepared with intention to take the life of his wife and her father---Appellant made fire shots upon the vital parts of two unarmed persons, which in all probability could cause death---In such circumstances there existed no occasion of sudden provocation, spur of the moment and exclusion of pre-meditation at the time of occurrence in order to bring the appellant's case under the ambit of S.302(c), P.P.C---Appeal against conviction was dismissed, in circumstances.

Ibrar vs State Ss — 2025 YLR 1201 LAHORE-HIGH-COURT-LAHORE

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