Phenomenon of substitution

Qatl-i-amd, attempt to commit qatl-i-amd, shajjah-i-khafifah, ghayr-jaifah-mudihah, badiah, intentional insult with intent to provoke breach of peace, common intention

Appreciation of evidence

Related witnesses

Phenomenon of substitution

Prosecution case was that the accused party while armed with deadly weapons assaulted on complainant party, due to which son of complainant died while complainant and his three companions received injuries on their body parts

Father who was an eye-witness would not let the murderer of his son go scot free by substituting him with an innocent person/accused

Circumstances established that the prosecution had proved its case against the accused, however, motive had not been proved, therefore the death sentence was reduced to imprisonment for life, in circumstances

Appeal was dismissed with said modification in sentence.

Record showed that the eye-witnesses being parents of the deceased had no reason to falsely implicate the accused in the commission of the offence substituting him, letting off the real culprits

No such material was available on record, which would indicate substitution of the accused in the case with the real culprit

Substitution is a phenomenon of a rare occurrence because even the interested witnesses would not normally let off real culprits for the murder of their relations by involving innocent persons

Appeal against conviction was dismissed, however, the sentence of death awarded to the accused under S. 302(b), P.P.C. was altered to imprisonment for life, in circumstances.

Substitution is a phenomenon of a rare occurrence because even the interested witnesses would not normally allow real culprits for the murder of their relations let off by involving innocent persons.

Evidence of complainant showed that he had no reason to falsely implicate the accused in the commission of the murder of his brother substituting him and letting off the real culprit

No evidence was available on record to indicate the substitution of accused with real culprit

Substitution was a phenomenon of a rare occurrence because even interested witnesses would not normally allow real culprit for the murder of their dear and let-off by involving any innocent person

Appeal against conviction was dismissed in circumstances.

Plea raised by accused persons was that prosecution witnesses were related to deceased who were planted by complainant party and deceased was a notorious person

Validity

Evidence of related witnesses who were not found inimical and were confidence inspiring did not require any corroboration

Complainant was real uncle of deceased and he could not substitute accused persons for the real culprits who had committed murder of his nephew, as substitution was a rare phenomenon

Neither police could be allowed to murder innocent people nor general public could be left at the mercy of greedy and cruel police officials in the garb of their official duties

Even if deceased was a notorious criminal and he was wanted in many criminal cases or criminal cases were pending against him, still it was open to no one to take his life in the manner and fashion it had been taken by accused police officials

Trial Court after proper appraisal of evidence available on record had rightly awarded conviction and sentence to accused persons, who failed to point out any mala fide on the part of complainant party for their false implication

Accused persons could not point out any material contradiction and discrepancy which could benefit defence version and there was no error of law, misreading or non-reading of evidence in judgment passed by Trial Court calling for interference

Appeal was dismissed in circumstances.

Injured prosecution witnesses remained consistent in their testimonies in terms of material particulars and corroborated statement of complainant, so also corroborated statements of police officials who reached at scene and arrested accused red-handed at the spot with crime weapon and snatched money

Empties recovered from spot and crime weapon matched vide Forensic Science Laboratory report

Question of deliberation and substitution of offender did not arise

Federal Shariat Court declined to interfere in conviction and sentence awarded by Trial Court

Appeal was dismissed in circumstances.