MUHAMMAD RAFIQUE vs JAVED IQBAL Ss — 2022 PCrLJN 35 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD RAFIQUE VS JAVED IQBAL Ss. 337-a(ii), 337-L, 382, 148 & 149---Shajjah-i-mudahih, hurt, theft after preparation made for causing death, hurt or restraint in order to commit theft, rioting, armed with deadly weapon and common object---appreciation of evidence---appeal against acquittal---Un-natural conduct of witnesses---Contradictory statements---Scope---Complainant assailed the acquittal of accused---Complainant had obtained 20 kanals of land on lease, sowed wheat crop upon there and when the complainant after harvesting the same was packing into sacks, accused came over and in presence of witnesses started beating him with their respective weapons and also took away 23 sacks of wheat on his motorcycle but during the incident the witnesses who were real brother and real son of complainant did not try to rescue him from assailants and remained standing aside at the place of occurrence, which was against the natural conduct and such fact created serious doubt regarding their presence at the place of occurrence---Brother of complainant had stated that they were attracted at the spot at noon while the son of complainant had deposed that they were present at the place of occurrence since morning---No weapon of offence was recovered from the accused persons during investigation and the recovery of wheat and motorcycle did not connect them with the alleged offence as the same was recovered from police post---No misreading, non-reading of evidence, arbitrariness or perversity was found in the impugned judgment---appeal against conviction was dismissed, in circumstances.

MUHAMMAD RAFIQUE vs JAVED IQBAL Ss — 2022 PCrLJN 35 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported