ZAHID RASOOL vs State Ss — 2022 YLR 1725 LAHORE-HIGH-COURT-LAHORE

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ZAHID RASOOL VS State Ss. 302(b) & 34---Qatl-i-amd common intention--- Appreciation of evidence---Benefit of doubt---Medical evidence---Scope---Accused were charged for committing murder of the brother of the complainant by firing---Motive behind the occurrence was that the cattle of the accused party quite often entered in the complainant's field and destroyed their standing crops which often resulted into fight---Medical Officer had observed twelve injuries on the person of the deceased---Six Injuries were entry wounds, however, the dimensions and width of all entry wounds were different---Time between the injuries and death was instantaneous and between the death and post-mortem was 7 to 8 hours---Said witness had admitted during the cross-examination that he observed no corresponding hole on Qamiz and Shalwar of the deceased---Post-mortem was conducted immediately after the receipt of death body---Witness further admitted that probable time between death and post-mortem was calculated from the available police papers and possibility could not be ruled out that probable period between death and post-mortem was about 12 to 16 hours as in that case rigor mortis was fully developed and the post-mortem staining was present---Though the witnesses claimed to have seen the occurrence and ascribed specific role of causing repeated firearm injuries to the accused persons but that fact was not supported by the available evidence---Circumstances established that the prosecution failed to prove its case against the accused persons beyond reasonable shadow of doubt---Appeal against conviction was allowed, in circumstances.

ZAHID RASOOL vs State Ss — 2022 YLR 1725 LAHORE-HIGH-COURT-LAHORE

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