Zeeshan Ali vs State S — 2025 YLR 822 LAHORE-HIGH-COURT-LAHORE

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Zeeshan Ali VS State S. 302(b)---Qanun-e-Shahadat (10 of 1984), Art. 46---Qatl-i-amd---Appreciation of evidence---Dying declaration made in full consciousness---Accused was charged for committing murder of the complainant/deceased, by firing---Medico-Legal Report of deceased/the then injured showed that she reached hospital on 26.08.2021 at 03:55 p.m. (after 1 hour and 25-minutues of the occurrence) and was conscious, well oriented in time, place and person having GCS (Glasgow Coma Scale) 15/15---Investigating Officer after getting the information regarding the present occurrence also reached T.H.Q. Hospital, and moved written application to obtain permission from Medical Officer for recording the statement of deceased/the then injured present in hospital as to whether she was able to make her statement or not whereupon Medical Officer had specifically stated in writing at the bottom of said application that she (deceased/the then injured) was able to make her statement whereafter statement of the deceased/the then injured was recorded by Investigating Officer wherein she fully implicated her brother-in-law (appellant) with specific role of effective fire shot upon her person---Both the witnesses, Investigating Officer and Medical Officer had absolutely no grudge or ill-will to falsely implicate the appellant (accused) in the present case, rather they were independent witnesses and had nothing to do with any of the parties---Said witnesses were cross-examined at length but their evidence could not be shaken during the process of cross-examination---Said witnesses had corroborated each other on all material aspects of the case---Evidence of said witnesses was straightforward, trustworthy, confidence inspiring and could not be discarded merely on probabilities---Discrepancies in the statements of the witnesses pointed out by defence, were minor and general in nature, which occurred in every case when witnesses (who are human-beings) are cross-examined after a long time of the occurrence as in present case and were not fatal to the prosecution case---While maintaining the conviction of the appellant for offence under S.302(b), P.P.C., his sentence was altered from death to imprisonment for life, in circumstances---Appeal against conviction was dismissed with said modification in the sentence.

Zeeshan Ali vs State S — 2025 YLR 822 LAHORE-HIGH-COURT-LAHORE

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