2022 SCMR 363
S. 497 (5)---Constitution of Pakistan, Art. 185(3)---Penal Code (XLV of 1860), Ss. 302, 109, 148, 149 & 452---Murderous assault after house trespass---Bail, cancellation of---Accused was nominated in the crime report with a specific accusation of causing firearm injury on the backside of right hand of the deceased---Mode and manner of occurrence showed that the accused along with co-accused had trespassed into the house of the complainant with the intent to kill as they made straight firing upon the deceased---Mere fact that the fire shot made by the accused hit on the hand of the deceased did not make any difference because the accused had made a direct fire on the deceased with the intention to kill---Postmortem report clearly depicted that both injuries were contributory toward death of deceased---Prima facie, the accused was vicariously liable for the offence committed and had shared the common intention to take the life of the deceased---Although the matter was reported to the police after about 4 hours but keeping in view the inter se distance between the place of occurrence and the police station i.e. 18 kilometers and the fact that in such like situations, people firstly try to save the life of injured, the same would be considered a promptly lodged FIR---Previous enmity between the parties was not denied---Occurrence had taken place in broad daylight whereas the parties were known to each other, therefore, there was no chance of mis-identification---Injury ascribed to the accused was fully supported by medical evidence---Furthermore the accused remained an absconder for a considerable period of time---Petition for leave to appeal was converted into appeal and allowed, and post-arrest bail granted to the accused by the High Court was cancelled.
0 Comments