ADNAN vs State Ss — 2022 PCrLJ 1852 LAHORE-HIGH-COURT-LAHORE

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ADNAN VS State Ss. 302, 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Benefit of doubt---Unnatural conduct of eye-witnesses---Scope---Accused was charged for committing murder of the nephew of the complainant by inflicting churri blows---Record showed that the conduct of the prosecution eye-witnesses was highly unnatural---Accused was not armed with any formidable weapon like firearm at the time of occurrence and according to the prosecution case, he was armed with 'churri'---Complainant party was comprising of four members including deceased and said fact was admitted by complainant---Complainant and his brother were real paternal uncles of the deceased and they along with deceased were three adult male members of the complainant party but they did not try to save the deceased at the time of occurrence and gave free hand to the accused to inflict, as many as, nine injuries (as per post-mortem report) on the body of the deceased---As per site plan, there was a distance of only 13 feet between the prosecution eye-witnesses and the accused but they did not try to intervene during the occurrence or apprehend the accused after the occurrence---Eye-witnesses stood like silent spectators and gave free hand to the accused to inflict the injuries to their kith and kin---Conduct of the prosecution eye-witnesses, who were closely related to deceased was highly unnatural therefore, their presence at the spot was highly doubtful, hence their evidence was not worthy of reliance---Circumstances established that the prosecution had 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.

ADNAN vs State Ss — 2022 PCrLJ 1852 LAHORE-HIGH-COURT-LAHORE

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