Muhammad Irfan alias Pomi vs State Ss — 2026 PCrLJ 201 LAHORE-HIGH-COURT-LAHORE

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Muhammad Irfan alias Pomi VS State Ss. 302(b), 148 & 149---Qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Presence of eye-witnesses at the place and time of occurrence proved---Accused was charged that he along with his co-accused persons committed murder of the brother of complainant by firing---Ocular account of the incident hinged upon the testimonies of complainant and an eye-witness, who happened to be the real brother and paternal cousin of deceased---Although both the said witnesses were closely related to the deceased, but their presence at the place of occurrence was quite natural and they had no animus towards the appellant---Complainant while appearing before the Trial Court reiterated the same facts as narrated in the FIR as well as private complaint and his statement had been fully corroborated by eye-witness---Both the eye-witnesses were residents of the same vicinity---Moreover, it was daylight occurrence, took place in that Mohallah, and the appellant was quite familiar to the eye-witnesses prior to the occurrence, therefore, there was no chance of misidentification of the appellant at the time when he was causing firearm injuries to the deceased---Complainant stated during his examination-in-chief that on the fateful day, he along with eye-witnesses were going behind deceased after offering Zohar prayer in "Masjid Aqsa", when deceased reached near his house, the said unfortunate occurrence took place---Similarly, eye-witness during his testimony had completely endorsed the evidence of complainant---In that way the presence of both the eye-witnesses at the time and place of occurrence was quite natural and probable---Said witnesses were cross-examined at length but nothing favourable to the appellant could be brought on the record--- Circumstances established that the prosecution proved its case beyond any shadow of doubt, however, due to some mitigating circumstances, death sentence was altered to imprisonment for life---With said modification in sentence, appeal against conviction was dismissed, in circumstances.

Muhammad Irfan alias Pomi vs State Ss — 2026 PCrLJ 201 LAHORE-HIGH-COURT-LAHORE

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