Muhammad Arif vs State Ss — 2025 YLR 2472 LAHORE-HIGH-COURT-LAHORE

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Muhammad Arif VS State Ss. 302(b), 324, 337-F(iii) & 337-F(vi)---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah-hashimah, munaqqilah---Appreciation of evidence---Discrepancies in the statements of witnesses---Inconsequential---Accused was charged for committing murder of brother of the complainant by firing and also causing firearm injuries to the complainant---Occurrence took place on 27.08.2019 and statements of witnesses of ocular account were recorded in the year 2021---Minor discrepancies do appear with the passage of time, however, no weight could be given to said discrepancies and trivial inconsistencies in the statements of the witnesses as the same neither had any adverse effect nor could demolish the case of prosecution---Circumstances established that the prosecution had proved its case beyond shadow of doubt, however, due to mitigating circumstances, the death sentence awarded to the accused by the Trial Court was reduced to imprisonment for life---With said modification in sentence, appeal against conviction was dismissed. Citation Name: 2025 YLR 2472 LAHORE-HIGH-COURT-LAHOREBookmark this Case Muhammad Arif VS State Ss. 302(b), 324, 337-F(iii) & 337-F(vi)---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah-hashimah, munaqqilah---Appreciation of evidence---Sentence, quantum of---Mitigating circumstances---Accused was charged for committing murder of brother of the complainant by firing and also causing firearm injuries to the complainant---Complainant stated that on the day of occurrence, prior to the occurrence, he went along with accused for his medicine and accused was suffering from respiratory disease---Complainant also stated before the Court during his statement that accused asked that whether house was to be sold or not and when brother of the complainant replied that after the marriage of the sisters, property would be distributed, accused brought gun from other room and fired straight shots and committed the occurrence---Such state of affairs reflected that it was not premeditated occurrence rather took place under the heat of passion---When all these factors were taken into consideration in totality then they constituted mitigating factor for reduction in quantum of sentence to the extent of offence under S.302(b), P.P.C---Therefore, sentence of death awarded to appellant by the Trial Court under S.302(b), P.P.C., was converted to imprisonment for life---With said modification in sentence, appeal against conviction was dismissed, in circumstances. Citation Name: 2025 YLR 2472 LAHORE-HIGH-COURT-LAHOREBookmark this Case Muhammad Arif VS State Ss. 302(b), 324, 337-F(iii) & 337-F(vi)---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah-hashimah, munaqqilah---Appreciation of evidence---Motive proved---Accused was charged for committing murder of brother of the complainant by firing and also causing firearm injuries to the complainant---Motive behind the occurrence as per fard bian/statement of complainant was that appellant was demanding his share from the house; he started altercation in this regard---House was in the name of paternal grandfather of the complainant---Paternal grandmother of the complainant and the complainant as well as his family had been convincing appellant that after marriage of sisters of the complainant, share would be given to appellant after selling the house and marriage of sister of complainant was fixed after two months, however, appellant was adamant on immediate sale of the house and obtaining his share---Said motive was mentioned in fard bian/ statement of the complainant and all witnesses had categorically stated regarding the same so it had been proved---Circumstances established that the prosecution had proved its case beyond shadow of doubt, however, due to mitigating circumstances, the death sentence awarded to the accused by the Trial Court was reduced to imprisonment for life---With said modification in sentence, appeal against conviction was dismissed. Citation Name: 2025 YLR 2472 LAHORE-HIGH-COURT-LAHOREBookmark this Case Muhammad Arif VS State Ss. 302(b), 324, 337-F(iii) & 337-F(vi)---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah-hashimah, munaqqilah---Appreciation of evidence---Delay of about 16 to 26 hours in conducting postmortem upon the dead body of the deceased---Inconsequential---Accused was charged for committing murder of brother of the complainant by firing and also causing firearm injuries to the complainant---Medical evidence in this case comprised of Medical Officer, who medically examined injured of the case/ complainant and Medical Officer, who conducted postmortem examination over dead body of deceased of the case on 28.08.2019 at about 01:55 a.m.---Though Medical Officer mentioned time between injury and death as "6 to 8" hours and between death and postmortem as "16 to 26" hours yet it had been mentioned that cause of death was injuries to major pelvic organs, cavity & major blood vessels---When injuries had been caused to major blood vessels, then it resulted in death without loss of much time---On the one hand, time between injury and death mentioned as "6 to 8" hours was not tallying with said state of affairs i.e. injuries to major blood vessels whereas on the other hand, time between death and postmortem examination mentioned as "16 to 26" hours was not supported by any valid reason hence said opinion was ipse dixit i.e. without any supporting material and thus could not be preferred over ocular account---In such peculiar facts and circumstances of the case, postmortem examination over dead body of deceased of the case could not be termed as unduly delayed---Even otherwise, in the case of firearm injuries, photographic view of the occurrence neither could be captured by the human eye nor could be expected from the witness because speed of bullet was more than speed of sound i.e. bullet hit first and its sound was heard subsequently by the witness, therefore, in the pandemonium situation at the time and place of occurrence, when bullets were being fired through firearm weapon at the deceased or injured/ victim, then any discrepancy regarding number and locale of injuries could not be emphasized in stricto-sensu---Circumstances established that the prosecution had proved its case beyond shadow of doubt, however, due to mitigating circumstances, the death sentence awarded to the accused by the Trial Court was reduced to imprisonment for life---With said modification in sentence, appeal against conviction was dismissed. Citation Name: 2025 YLR 2472 LAHORE-HIGH-COURT-LAHOREBookmark this Case Muhammad Arif VS State Ss. 302(b), 324, 337-F(iii) & 337-F(vi)---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah-hashimah, munaqqilah---Appreciation of evidence---Ocular account proved---Accused was charged for committing murder of brother of the complainant by firing and also causing firearm injuries to the complainant---Ocular account in instant case comprised of injured/ complainant, mother and two sisters of deceased---Parties were closely related to each other as appellant was real uncle/chacha of the complainant as well as sisters of the deceased---Complainant and other prosecution witnesses as well as the appellant were residing in one and the same house where that occurrence took place in broad daylight, hence injured/ complainant, mother and two sisters of deceased were natural witnesses of the occurrence---In such scenario, there was no question of misidentification of the appellant; any cogent and plausible reason to falsely implicate the appellant by complainant and other eye-witnesses in this case could not come on the record and in such circumstances, substitution of the real culprit was rare phenomenon---Complainant and other eye-witnesses deposed regarding said facts i.e. detail of the occurrence as well as vital aspects of the case of prosecution during trial of the case in straightforward manner and remained consistent during recording of their evidence, neither their credit could be impeached nor evidentiary value of their testimony could be minimized inspite of searching cross-examination by defence rather their evidence had been found as confidence inspiring, truthful and thus reliable---Circumstances established that the prosecution had proved its case beyond shadow of doubt, however, due to mitigating circumstances, the death sentence awarded to the accused by the Trial Court was reduced to imprisonment for life---With said modification in sentence, appeal against conviction was dismissed. Citation Name: 2025 YLR 2472 LAHORE-HIGH-COURT-LAHOREBookmark this Case Muhammad Arif VS State Ss. 302(b), 324, 337-F(iii) & 337-F(vi)---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah-hashimah, munaqqilah---Appreciation of evidence---Delay of 03 hours and 15 minutes in lodging the FIR---Inconsequential---Accused was charged for committing murder of brother of the complainant by firing and also causing firearm injuries to the complainant---Occurrence in this case took place on 27.08.2019 at 01:00 p.m. whereas FIR was registered at 04:15 p.m.---As per statement of complainant, his elder brother was murdered in this case and complainant himself also received firearm injuries during the occurrence, who was taken to hospital for treatment and on his statement recorded in the hospital by Police Officer; FIR was recorded by Police Official at 04:15 p.m. on 27.08.2019---Natural phenomenon is that generally efforts are made on priority basis to firstly shift injured persons to the hospital in order to save their lives and then to report the matter to the police---In such peculiar facts and circumstances of instant case, there was no undue delay in registration of the case---Circumstances established that the prosecution had proved its case beyond shadow of doubt, however, due to mitigating circumstances, the death sentence awarded to the accused by the Trial Court was reduced to imprisonment for life---With said modification in sentence, appeal against conviction was dismissed. Citation Name: 2025 YLR 2472 LAHORE-HIGH-COURT-LAHOREBookmark this Case Muhammad Arif VS State Ocular account and medical evidence---Confliction---Scope---If ocular account is confidence inspiring, then it cannot be discarded/thrown away by the medical evidence.

Muhammad Arif vs State Ss — 2025 YLR 2472 LAHORE-HIGH-COURT-LAHORE

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