Non-repetition of fire

2013 SCMR 378 SUPREME-COURT Judicial Precedent

Ss. 302(b)/324/337-F(iii)Qatl-e-amd, attempt to commit qatl-e-amd, ghayr-jaifah-mutalahimahReappraisal of evidenceSentence, reduction inSudden fightNon-repetition of fireMotive not fully establishedEffectAccused and co-accused allegedly killed the deceased and caused injuries to a witness during a sudden fight

Motive for the alleged occurrence was that accused and co-accused held a grudge due to a divorce obtained by their aunt, who was sister of deceased and mother of injured witness

Trial Court sentenced accused to undergo life imprisonment, while co-accused was sentenced to death

Validity

All prosecution witnesses and complainant were unanimous in narrating the occurrence and in nominating accused and co-accused for having fired at the deceased and for injuring the injured witness

Ocular account fully corroborated medical evidence on record

Witnesses remained steadfast during their cross-examination and no response could be elicited from them which could help the defence in any manner whatsoever

Although alleged motive for the occurrence was animus nursed by accused and co-accused due to the divorce obtained by their aunt, however strangely upon arriving at the scene of occurrence, they allegedly enquired about their aunt's son i.e. injured witness, rather than directing their anger at their aunt and her new husband, who were admittedly present at that time

Death of deceased and injuries caused to the injured witness were a result of sudden fight

Accused and co-accused did not repeat their fire shots despite the fact that injured witness and others were at their complete mercy

Appeal was allowed, death sentence of co-accused was converted to life imprisonment

Life imprisonment of accused was set aside, and only sentences of five years and three years, awarded to him under Ss.324 and 337-F(iii), P.P.C. respectively, were maintained.

2013 MLD 971 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 497(2)Penal Code (XLV of 1860), S. 324/34Attempt to commit qatl-e-amd, common intentionBail, grant ofFurther inquiryNon-repetition of fireInjury on non-vital part of bodyOcular version contradicting medical reportEffectAllegation against accused was that he fired at the victim due to a monetary disputeRecord showed that monetary dispute did exist between accused and complainant

Victim, complainant and prosecution witnesses stated that injury was caused on victim's thigh, but medical report revealed that same was caused on victim's buttocks

Such discrepancy created reasonable doubt and made prosecution case open to further probe

Alleged injury was on non-vital part of victim's body

Prosecution did not say that accused repeated fire shot upon the victim, even though he was at the mercy of accused

Accused was no more required for further investigation

Case was one of further inquiry and benefit of doubt could be extended to accused even at bail stage

Accused was admitted to bail accordingly.