KHIZER ABBAS vs State Ss — 2022 YLR 1257 LAHORE-HIGH-COURT-LAHORE

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KHIZER ABBAS VS State Ss. 302(b), 148 & 149---Qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Presence of eye-witnesses at the place of occurrence was doubtful---Scope---Accused were charged for committing murder of the brother of complainant---Prosecution case mainly stood on ocular account which was led by complainant and his son---Complainant deposed during cross-examination that he was present at a place which was very close where the occurrence took place and he reached to the place of occurrence on hearing the noise yet he did not intervene to desist accused persons from causing injuries to the deceased---Said conduct of complainant become further doubtful when he said during cross examination that accused did not bring any kind of weapon from their house and accused remained pressing the throat of deceased for 6/7 minutes---Complainant further deposed that his son/witness and deceased were cutting grass with sickles near the place of occurrence and he too was working in nearby fields---One of the witnesses who was resident of 10-kilomters away from the house of the complainant could be an independent witness but he was not produced before the Court as witness---Such was beyond comprehension that when the complainant party consisting upon three witnesses and a deceased person, more than that a witness and the deceased were having sickles in their hands, did not react to the attack of accused persons by the use of such sickles---Son of complainant/witness stated that he was present along with the deceased when accused attacked upon him and admitted that accused persons were younger to him yet he did not react to save his uncle from the clutches of the accused---Said witness also admitted that they did not produce grass, sickles or donkey cart before the police---Said part of evidence clearly showed that these two witnesses were actually not present at the place of occurrence at the relevant time---Circumstances established that the prosecution failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances.

KHIZER ABBAS vs State Ss — 2022 YLR 1257 LAHORE-HIGH-COURT-LAHORE

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