WASI HAIDER vs State Ss — 2022 PCrLJ 1695 LAHORE-HIGH-COURT-LAHORE

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WASI HAIDER VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Ocular account and medical evidence---Confliction---Scope---Accused was charged for committing murder of the mother of complainant---Record showed that during the trial, both the eye-witnesses deposed that accused was armed with carbine but such description of weapon was neither mentioned in FIR nor in the private complaint---Improvement regarding the description of weapon was with a specific purpose apparently to bring ocular account in conformity with the police investigation, as during spot inspection four empty shell of SG cartridge of point 12 calibar were secured through recovery memo---Unfortunately, the dishonest improvement pertaining to the nature of weapon further damaged the prosecution case as it fetched a conflict between medical and ocular account---Nature of injuries observed by Medical Officer did not commensurate with the theory of crime advanced by the prosecution canvassing the use of .12-bore weapon, instead it appeared that some weapons other than .12-bore calibar was used for the commission of crime---High Court observed that glaring anomaly was discernible from the ocular account and medical evidence---Purpose of collecting medical evidence in a case against human body, primarily, was aimed at providing assistance to the Court in arriving at just conclusion by using it for scrutinizing the ocular account---Any noticeable conflict between the medical and ocular account would be destined to discredit the case of prosecution---Circumstances established that the prosecution remained unsuccessful in proving its case against accused beyond shred of any ambiguity---Appeal against conviction was allowed, in circumstances.

WASI HAIDER vs State Ss — 2022 PCrLJ 1695 LAHORE-HIGH-COURT-LAHORE

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