HAYAT ULLAH KHAN vs State Ss — 2022 PCrLJ 934 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 PCrLJ 934 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: PCRLJ
Parties: HAYAT ULLAH KHAN vs State Ss
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

HAYAT ULLAH KHAN VS State Ss. 324, 337-F(iii), 148 & 149---attempt to commit qatl-i-amd, ghayr-jaifah-mutalahimah, rioting armed with deadly weapon, unlawful assembly---appreciation of evidence---Benefit of doubt---Dishonest improvement made by witnesses---Scope---Prosecution case was that the accused made firing upon the complainant party, as a result of which nephew of the complainant sustained firearm injury---Injured witness made dishonest improvements by giving specific role to the accused, which created reasonable doubt about the deposition of injured witness---Prosecution case was that after recoding statement of the complainant at 11:00 a.m. at place of occurrence, SHO prepared injury statement of the injured witness---If it was so, then recording of complaint became highly doubtful as name of the accused was not mentioned against Banam and space for said purpose was left blank in injury statement---Not possible for the witnesses to identify the accused persons from a distance of 71 Karams and in presence of 08 feet height Sarkandas and reasonable height of wheat crop---Said fact also created doubt about the genuineness of the version given by the complainant and the injured prosecution witness---Question of their being truthful witnesses became highly doubtful---Prosecution witnesses i.e. the complainant, injured witness, Scribe of FIR and Investigating Officer, who had been proved to be not truthful, could not have been relied upon---Circumstances established that there was no evidence at all to prove the charged against the accused---appeal against conviction was allowed, in circumstances.

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