Muhammad Younas vs Usman Ss — 2025 YLR 1888 SUPREME-COURT-AZAD-KASHMIR

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Muhammad Younas VS Usman Ss. 302(b), 394, 341, 201, 204, 109 & 34---Offences against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17(4)---arms act (XX of 1965), S. 13---Qatl-i-amd, voluntarily causing hurt in committing robbery, wrongful restrain, causing disappearance of evidence of offence or giving false information to screen defenders, destruction of document to prevent its production as evidence, abetment, common intention, harrabah, possession of illicit weapon---appreciation of evidence---Ocular account supported by medical evidence---accused were charged for committing murder of the husband of complainant by firing during robbery---Complainant's testimony aligned with the initial report, detailing that he heard the sound of gunshots and subsequently discovered deceased's bloodstained motorbike---Witnesses corroborated those facts, stating that they heard the sound of gunshots and found deceased critically injured---Deceased's call to his wife at 9:10 PM was verified through call records, establishing a timeline of events---Witnesses reported seeing the accused near the crime scene prior to the incident and a witness witnessed accused limping near Bazaar at 11.00 PM, which corresponded with the injury timeline---Medical evidence adduced by Medical Officer confirmed that the bullet extracted from injured accused's thigh was consistent with the incident---Medical Officer corroborated that timeline during cross-examination---arrests of accused persons was conducted on February 26, 2009, as testified by investigators---Stolen items, including mobile phones and weapon of offence, were recovered during those arrests and identified as belonging to deceased---Medical Officer's post-mortem report substantiated the cause of death as gunfire injuries, affirming the prosecution's narrative---Circumstances established that the prosecution had proved its case, however due to some mitigating circumstance, the sentence of 25 years awarded to each accused was reduced to 14 years---appeal was partially allowed with said modification in sentence.

Muhammad Younas vs Usman Ss — 2025 YLR 1888 SUPREME-COURT-AZAD-KASHMIR

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