MUHAMMAD IBRAHIM vs State S — 2022 PCrLJ 1349 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD IBRAHIM VS State S. 540---Penal Code (XLV of 1860), Ss. 302, 324, 109, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, rioting armed with deadly weapon, unlawful assembly---Application for summoning the Ballistic Expert as witness was dismissed---Scope---Record showed that Medical Officer appeared during trial---Statement of said witness reflected that certain questions relating to the field of forensic science were asked from said witness but he did not give detailed explanation in his reply to said questions while clearly stating that he was not Ballistic Expert---When said questions were asked from said witness then neither those were objected by prosecution nor disallowed by the Trial Court---Meaning thereby said questions were related to facts of the case i.e. relevant---Trial Court did not compel said witness to reply said question then Trial Court was of the view and satisfied that answers to said questions could only be given by the Ballistic Expert---When application for summoning Ballistic Expert as court witness was filed before the Trial Court then there was no occasion for disallowing said application---Court had straightaway observed that in peculiar facts and circumstances of the case, said questions were relevant and reply of the same was necessary for just decision of the case---Said questions could be answered by Ballistic Expert---In the peculiar facts and circumstances of the case, summoning and examining of Ballistic Expert as a court witness was necessary for just decision of the case and the same would not cause prejudice to any party of the case because when he would be summoned and examined as court witness, then both parties would be offered opportunity of cross-examining him---Revision petition was allowed, in circumstances.

MUHAMMAD IBRAHIM vs State S — 2022 PCrLJ 1349 LAHORE-HIGH-COURT-LAHORE

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