MUHAMMAD IMRAN vs State Ss — 2022 MLD 1603 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD IMRAN VS State Ss.302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Improvement made by eyewitnesses---Scope---Accused in furtherance of their common intention committed murder of deceased by firing---Motive behind the occurrence was that the deceased was supporting rival group of accused party in a panchayat, due to which occurrence took place---Ocular account had been furnished by two eyewitnesses---One of the witnesses while appearing in the dock in the court room deposed that on 12.09.2010 at about 08/08.30 p.m., he along with witnesses was present in Panchyat in order to settle the differences between two families---During Panchyat a quarrel took place between them---One person attracted at the spot and tried to separate them---At the instigation of co-accused (since acquitted) the accused snatched pistol from said person and made a fire shot at deceased, which landed at his neck and he succumbed to the injuries at the spot---Evincing from the record that said witness in order to bring home the guilt of the accused made dishonest improvements in his statement before the Trial Court on material particulars of the incident, which were duly confronted to him during cross-examination---Once a witness proved to have made material improvements, his testimony could not be relied upon---Other witness while appearing in the dock in the court room deposed that on the fateful day, on hearing voice of fire, he attracted at the spot and saw deceased lying in injured condition, whereas, the accused and his co-accused decamped from the spot---From the very testimony of said witness it was abundantly clear that he reached at the place of occurrence on hearing the noise of fire shot when the occurrence was already over and as such, he was not in a position to state what happened at the time of alleged occurrence---Testimony of said witness could not be safely relied upon against the accused---Circumstances established that the prosecution failed to prove its case against the accused beyond shadow of doubt---Appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court.

MUHAMMAD IMRAN vs State Ss — 2022 MLD 1603 LAHORE-HIGH-COURT-LAHORE

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