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---Contradictions in the statements of witnesses---Scope---Accused were charged for committing murder of the son of complainant---Prosecution witnesses even had contradicted each other on very important aspect that who provided first information to police about the occurrence---One claim of prosecution was that complainant through application provided first information to police about the occurrence, but the complainant took the somersault and stated that eye-witness informed the police about the occurrence---Complainant in his statement stated that application for registration of case was got drafted by an unknown person and he produced said application to Investigating Officer in the hospital---Eye-witness stated that application was got drafted by Investigating Officer---Investigating Officer did not own that he had written said application, however, it could be safely gathered that acceptance of one stance with respect to providing information to police and registration of case resulted rejection of the other---Claim of the complainant through application that both accused persons were apprehended by public at the spot, if it was so, then why they were not handed over to police on the same day---Even any such person of the public had not been produced before the Court---As per statement of Investigating Officer, accused were not arrested from the spot or on the day of occurrence---Complainant had also mentioned false statement in the application in that regard---Circumstances suggested that the testimony of complainant was tainted piece of evidence, neither confidence inspiring nor reliable---Circumstances established that prosecution 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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