ALI SHAHZAD vs State Ss — 2022 PCrLJ 1811 LAHORE-HIGH-COURT-LAHORE

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ALI SHAHZAD VS State Ss. 302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---No justification for the presence of witnesses at the spot---Scope---Accused were charged for committing murder of the son of complainant---Accused had quarrel, due to said grudge, they had committed murder of son of complainant---Admittedly, complainant was not resident of the place of occurrence rather his residence was one kilometer away from the spot---Complainant was having no place of job over there---No plausible reason could come on record for his presence at the place of occurrence at the relevant time, therefore, he was the chance witness---Prosecution's own case was that both accused persons were empty handed, question arose that if complainant (father of deceased), cited eye-witness/maternal nephew of the complainant and cousin of the complainant were present at the time and place of occurrence, then why they did not intervene and rescue the deceased from the clutches of two empty handed accused persons---Neither complainant nor any other cited eye-witness was present there at the relevant time---Said fact further got support from the perusal of post-mortem report, which revealed that eyes of the deceased were found open at the time of autopsy---Had complainant (father of the deceased), cousin of the deceased and uncle of the deceased been present over there at the time and place of occurrence, then they had certainly closed eyes of the deceased---In the application for registration of FIR, it is not mentioned that both the witnesses were present at the relevant time at the place of occurrence, rather perusal of same revealed that when operative part of occurrence had already taken place, then they attracted at the place of occurrence after hearing noise---Not mentioned in said application that both of them had seen entire occurrence---Circumstances established that prosecution had failed to prove charge against accused in the case---Appeal was allowed and accused was acquitted by setting aside conviction and sentence recorded by the Trial Court, in circumstances.

ALI SHAHZAD vs State Ss — 2022 PCrLJ 1811 LAHORE-HIGH-COURT-LAHORE

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