IRFAN ALI vs State Ss — 2022 YLR 1097 FEDERAL-SHARIAT-COURT

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IRFAN ALI VS State Ss. 302(b), 337-a(i), 337-F(vi) & 337-L(2)--- Qatl-i-amd, shajjah-i-khafifah, ghayr - jaifah - munaqqillah, causing hurt---appreciation of evidence---Contradictions in the statement of witnesses--- Scope--- accused were charged for committing murder of the deceased and causing injuries to the brother of complainant---Injured witness had stated that he had lastly seen deceased going with two accused---Injured did not claim to have seen any person committing murder of deceased---Said witness stated that three accused stood with him and one of them caused blow of hard and blunt substance on his head, due to which he become unconscious and gained conscious after about fifteen days at the Hospital---Injured witness stated in cross-examination, that no accused caused any injury to the deceased in his presence---allegedly, after receiving blow on his head, witness remained conscious but was unable to speak---Complainant, who was brother of the injured witness, stated that his brother became conscious after ten to fifteen days at the Hospital---Medical Officer had stated that the injured was conscious when brought at hospital---Even otherwise nothing had been brought on the record by the prosecution to show that injured was ever admitted in the Hospital---Statement of Medical Officer, Radiologist Report, Provisional Medico-Legal Certificate and final Medico-Legal Certificate of injured, produced by Medical Officer, did not reveal about referral of injured and/or his admission and treatment even for a single day in the Hospital---Injured had left the Hospital on the following day against the medical advice, which also adversely reflected upon the prosecution case---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---appeal against conviction was allowed, in circumstances

IRFAN ALI vs State Ss — 2022 YLR 1097 FEDERAL-SHARIAT-COURT

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