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---Ocular account and medical evidence---Confliction---Accused was charged for committing murder of the nephew of the complainant by inflicting churri blow---As per contents of the FIR, accused inflicted only one injury on the abdomen of deceased with the help of churri---According to the post-mortem report and medical evidence furnished by Medical Officer, there were as many as nine injuries on the body of the deceased---Both the prosecution eye-witnesses made dishonest improvements in their statements to bring their evidence in line with the medical evidence while stating that the accused inflicted churri blows which landed on the left nipple, ribs, abdomen, left flank, left arm, back side of left shoulder and on different parts of the body of the deceased---Both the prosecution eye-witnesses were confronted with their previous statements and dishonest improvements made by them were duly brought on the record---Record showed that the prosecution story as set forth in the FIR was in conflict with the medical evidence and in order to cover the weakness in the prosecution case, the eye-witnesses made dishonest improvements in their statements to bring their statements in line with the medical evidence and as such, evidence of prosecution eye-witnesses was not worthy of reliance---Circumstances established that the prosecution had failed to prove its case against the accused beyond the 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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