Ali Hassan alias Achoo vs State Ss — 2025 YLR 1568 LAHORE-HIGH-COURT-LAHORE

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Ali Hassan alias Achoo VS State Ss. 302(b), 324, 449, 337-a(i), 109 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, house trespass, shajjah-i-khafifah, abetment, common intention---appreciation of evidence---Ocular account supported by medical evidence---accused were charged for committing murder of the brother of complainant along with his minor son by firing whereas other son of the deceased sustained firearm injuries---Medical evidence was in complete harmony with the consistent ocular account furnished by the eye-witnesses and no material conflict could be pointed out to create dent in the prosecution case as the ante-mortem firearm injuries on the bodies of both the deceased persons attributed by the eye-witnesses to appellant were reflected in their postmortem reports---Similarly the injury attributed to appellant on the head of injured was also categorically mentioned in his Medico-Legal Report---Ocular evidence about the kind of weapon used during the occurrence as well as the time of incident narrated by eye-witnesses had fully tallied with medical evidence---appeal against conviction was dismissed in circumstances. Citation Name: 2025 YLR 1568 LAHORE-HIGH-COURT-LAHOREBookmark this Case Ali Hassan alias Achoo VS State Ss. 302(b), 324, 449, 337-a(i), 109 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, house trespass, shajjah-i-khafifah, abetment, common intention---appreciation of evidence---Related and interested witnesses, evidence of---Scope---accused were charged for committing murder of the brother of complainant along with his minor son by firing whereas other son of the deceased sustained firearm injuries---It was alleged that ocular account in this case had been furnished by related and interested witnesses---Held: an interested witness is one who is interested in the conviction of an accused for some ulterior motive---In this case, the defence could not bring on record any ulterior motive of the complainant or witnesses to falsely implicate the appellant in this case---Due to close and blood relation of complainant and the witnesses with the deceased persons, they were in fact not likely to let off the actual perpetrator of the offence by falsely implicating the appellant, against whom they admittedly had no previous malice, ill-will, animosity or grudge---Substitution of real culprits especially in cases where the eye-witnesses lost their kith and kin before their own eyes was a rare phenomenon---appeal against conviction was dismissed, in circumstances. Citation Name: 2025 YLR 1568 LAHORE-HIGH-COURT-LAHOREBookmark this Case Ali Hassan alias Achoo VS State Ss. 302(b), 324, 449, 337-a(i), 109 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, house trespass, shajjah-i-khafifah, abetment, common intention---appreciation of evidence---Motive proved---accused were charged for committing murder of the brother of complainant along with his minor son by firing whereas other son of the deceased sustained firearm injuries---Previous litigation was stated to be the motive of the occurrence---Complainant in his statement disclosed about the existence of previous litigation between the parties to prove the motive part of the occurrence---Prosecution also produced copy of FIR registered under S.377, P.P.C, which was registered by deceased against the appellant with the accusation of committing sodomy with his injured son, who during his Court statement also fully supported the motive part of the occurrence---Thus, the prosecution had also successfully proved the motive part of the occurrence---appeal against conviction was dismissed, in circumstances. Citation Name: 2025 YLR 1568 LAHORE-HIGH-COURT-LAHOREBookmark this Case Ali Hassan alias Achoo VS State Ss. 302(b), 324, 449, 337-a(i), 109 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, house trespass, shajjah-i-khafifah, abetment, common intention---appreciation of evidence---acquitted co-accused persons attributed different role compared to the convicted accused---accused were charged for committing murder of the brother of complainant along with his minor son by firing whereas other son of the deceased sustained firearm injuries---It was alleged that four co-accused persons stood acquitted by the Trial Court through the impugned judgment while disbelieving the same evidence which rendered the credibility of prosecution evidence seriously doubtful even against the appellant---Validity---as per record, the role attributed to the acquitted co-accused was entirely different as no overt act or injury qua the deceased persons or the injured was attributed to them---acquittal of co-accused, in the circumstances of this case, was not sufficient to discredit the prosecution evidence available against the appellant---appeal against conviction was dismissed, in circumstances. Citation Name: 2025 YLR 1568 LAHORE-HIGH-COURT-LAHOREBookmark this Case Ali Hassan alias Achoo VS State Ss. 302(b), 324, 449, 337-a(i), 109 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, house trespass, shajjah-i-khafifah, abetment, common intention---appreciation of evidence---Night time occurrence---Source of light---Scope---accused were charged for committing murder of the brother of complainant along with his minor son by firing whereas other son of the deceased sustained firearm injuries---as per site plan, houses of appellant and deceased were in front of each other, thus, the appellant was well-known to the complainant party, which eliminated the chance of misidentification of the appellant---In addition to that, it had been specifically mentioned in FIR that the light was on in the house at the time of occurrence---It was evident from site plan and the statements of eye-witnesses that the occurrence had taken place in the house of deceased and injured and in the site plan, it had been mentioned that electric bulb was installed and was lit---Besides, complainant and his brother had categorically stated that they had witnessed the tragedy in the light of electric bulb, which was lit at the time and place of occurrence---In the same manner, Investigating Officer had also stated in his examination-in-chief that he completed the whole proceedings at the spot in the light of electric bulb---If the electric bulb (source of light) was not taken into possession by the Investigating Officer, even then it was no ground to discard whole trustworthy and confidence inspiring evidence of the prosecution---appeal against conviction was dismissed, in circumstances. Citation Name: 2025 YLR 1568 LAHORE-HIGH-COURT-LAHOREBookmark this Case Ali Hassan alias Achoo VS State Ss. 302(b), 324, 449, 337-a(i), 109 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, house trespass, shajjah-i-khafifah, abetment, common intention---appreciation of evidence---Lodging of FIR with promptitude---accused were charged for committing murder of the brother of complainant along with his minor son by firing whereas other son of the deceased sustained firearm injuries---according to the prosecution version, occurrence had taken place on 27-06-2016 at about 8:30 pm---Place of occurrence was situated at a distance of 03 kilometers from Police Station, while the machinery of criminal law was set into motion by complainant through written application submitted to Investigating Officer on the same night at 10:00 pm and in consequence thereof, FIR was chalked out during the same night at 10:20 pm---Circumstances showed that the matter was reported to the police with sufficient promptitude---appeal against conviction was dismissed, in circumstances. Citation Name: 2025 YLR 1568 LAHORE-HIGH-COURT-LAHOREBookmark this Case Ali Hassan alias Achoo VS State Ss. 302(b), 324, 449, 337-a(i), 109 & 34---Criminal Procedure Code (V of 1898), S. 161---Qatl-i-amd, attempt to commit qatl-i-amd, house trespass, shajjah-i-khafifah, abetment, common intention---appreciation of evidence---Delay of fifteen days in recording the statement of injured witness plausibly explained---accused were charged for committing murder of the brother of complainant along with his minor son by firing whereas other son of the deceased sustained firearm injuries---It was alleged that the statement under S.161, Cr.P.C., of injured was recorded by the police with the delay of fifteen days after the occurrence, and for this reason, his testimony was not reliable---Validity---Said delay caused in recording the statement of injured under S.161, Cr.P.C. was sufficiently explained as he was admitted in the hospital in critical condition and there was absolutely no evidence on the file on the basis of which it could be construed that injured was capable of getting his statement recorded immediately after the occurrence---according to the testimony of Investigating Officer, on 11-07-2016 he proceeded to hospital and again made an application before the Medical Officer for recording the statement of injured which was allowed on 12-07-2016 and then he recorded the statement of injured under S.161 Cr.P.C.---Even otherwise, ordinarily if the name of an eye-witness was mentioned in FIR but the Investigating agency happened to record his statement after the lapse of some time, then it could not be held that such eye-witness was not reliable---appeal against conviction was dismissed, in circumstances. Citation Name: 2025 YLR 1568 LAHORE-HIGH-COURT-LAHOREBookmark this Case Ali Hassan alias Achoo VS State Child witness, evidence of---Scope---When a child witness respond intelligently to cross-examination by the defence, his testimony deserves credit and there remains no reason to believe that he has deposed under influence or instructions---Child witness, if found intelligent enough, does not ordinarily lie and his evidence carries higher value than ordinary witnesses for the reason that he is generally considered to be innocent and oblivious of motive and evil consideration. Citation Name: 2025 YLR 1568 LAHORE-HIGH-COURT-LAHOREBookmark this Case Ali Hassan alias Achoo VS State Ss. 302(b), 324, 449, 337-a(i), 109 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, house trespass, shajjah-i-khafifah, abetment, common intention---appreciation of evidence---Recovery of weapon of offence and crime empties---Reliance---accused were charged for committing murder of the brother of complainant along with his minor son by firing whereas other son of the deceased sustained firearm injuries---Ocular account was fully corroborated by the recovery of weapon of offence i.e. pistol 30 bore from the possession of appellant and positive report of Forensic Science agency---Investigating Officer secured seven crime empties during spot inspection on 27-06-2016 and according to the report, all the empties were found to have been fired from the weapon of offence i.e. pistol 30 bore recovered at the instance of appellant---Thus, the prosecution had successfully proved the recovery of weapon of offence against the appellant---appeal against conviction was dismissed, in circumstances. Citation Name: 2025 YLR 1568 LAHORE-HIGH-COURT-LAHOREBookmark this Case Ali Hassan alias Achoo VS State Ss. 302(b), 324, 449, 337-a(i), 109 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, house trespass, shajjah-i-khafifah, abetment, common intention---appreciation of evidence---Child witness, evidence of---Scope---accused were charged for committing murder of the brother of complainant along with his minor son by firing whereas other son of the deceased sustained firearm injuries---Statement of injured demonstrated that the Trial Court by questioning him had fully satisfied itself that he was capable of understanding the questions put to him and of giving rational answers to those questions---Indeed, the Trial Court had remarked that child witness also understood the cross-examination well and his evidence was in no way shaken by cross-examination---In the circumstances, injured child was a competent witness---Even otherwise, nothing had been pointed out by defence from the statement of injured which could persuade to hold that he should not have been relied upon merely because he was a child witness---appeal against conviction was dismissed, in circumstances. Citation Name: 2025 YLR 1568 LAHORE-HIGH-COURT-LAHOREBookmark this Case Ali Hassan alias Achoo VS State Ss. 302(b), 324, 449, 337-a(i), 109 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, house trespass, shajjah-i-khafifah, abetment, common intention---appreciation of evidence---Delay of nine to ten hours in conducting the post-mortem examination on the dead bodies of deceased persons---Inconsequential---accused were charged for committing murder of the brother of complainant along with his minor son by firing whereas other son of the deceased sustained firearm injuries---It was alleged that there was delay of about nine to ten hours in conducting post-mortem examinations on the dead bodies of the deceased persons for which the prosecution had not given any explanation, meaning thereby, the witnesses were not present at the time and place of occurrence and prosecution remained busy in planning the fake witnesses and cooking up a false story, otherwise there was no reason for such delay---Validity---Evidently, two persons lost their lives at the spot whereas a child was seriously injured in this case, therefore, the conduct of complainant party was quite natural as their first preference was to save the life of injured child---Moreover, time must have been consumed in arranging the vehicles and shifting the dead bodies as well as the injured child to the hospital---Thus, no unusual time was consumed in conducting postmortem examinations on the dead bodies of the deceased persons---appeal against conviction was dismissed, in circumstances. Citation Name: 2025 YLR 1568 LAHORE-HIGH-COURT-LAHOREBookmark this Case Ali Hassan alias Achoo VS State Ss. 302(b), 324, 449, 337-a(i), 109 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, house trespass, shajjah-i-khafifah, abetment, common intention---appreciation of evidence---Presence of the eye-witnesses at the time and place of incident proved---accused were charged for committing murder of the brother of complainant along with his minor son by firing whereas other son of the deceased sustained firearm injuries---Ocular account of the incident had been furnished by three eye-witnesses, i.e., the complainant, his brother and injured---Complainant and eye-witness were real brothers of deceased and paternal uncles of minor deceased as well as injured child, who was also a real son of deceased and real brother of minor deceased---Complainant throughout pointed his accusing fingers toward the appellant as the main perpetrator of the occurrence, who had caused firearm injuries to both the deceased persons as well as injured---Deposition of complainant was fully supported by the depositions of other eye-witness and injured---Likewise, eye-witness also successfully proved his presence at the spot at the relevant time by stating that he had come to the house of his deceased brother to discuss an already registered case against the appellant for committing sodomy with his nephew---Copy of FIR pertaining to said incident had been produced by the prosecution wherein it had been categorically mentioned that appellant had committed sodomy with injured/child---Both the eye-witnesses had described cogent explanations for their presence in the house of their brother/deceased and their availability in the house of occurrence could not be termed as unnatural---House of real brother could be visited even without any task---Injured, who received firearm injury at the hands of the appellant during the incident, was also a natural witness being resident of the house where the occurrence took place---Said witnesses stood the test of lengthy cross-examination firmly by making consistent statements---Under the given circumstances, the presence of said prosecution witnesses could not be termed as unusual or unnatural, therefore, it could be easily comprehended that they were very much present at the relevant time and place of occurrence and had seen the tragic incident with their own eyes---appeal against conviction was dismissed, in circumstances.

Ali Hassan alias Achoo vs State Ss — 2025 YLR 1568 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2025 YLR