MUHAMMAD IKRAM vs State S — 2022 YLR 1762 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD IKRAM VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Ocular account---Scope---Accused was charged for committing murder of the son of complainant by firing---As per application for registration of the case, on hearing report of firing and hue and cry, complainant along with his son and another person went to the place of occurrence and had seen that two unknown accused persons were standing near the cot of deceased, who fled away on seeing them---Neither complainant nor his companions witnessed the occurrence as same was already over before their arrival at the place of occurrence and they could only notice standing of unknown accused persons near the cot of the deceased, who fled away after seeing them---Same was even otherwise understandable, it was a single fire shot because deceased only received one fire shot which went through and through or in other words it caused one entry and one exit wound---Only one crime empty shell was found at the place of occurrence---Complainant mentioned in application that they came at the spot after hearing report of firing and also deposed in his statement before the court that his house was 2/3 acre away from the place of occurrence---Occurrence had already taken place before their arrival at the spot---Site plan of place of occurrence prepared by Investigating Officer and in site plane prepared by Patwari with scale, house of the complainant or cited eye-witness had not been mentioned adjacent, near or around the place of occurrence, therefore, complainant and other cited eye-witness were even otherwise chance witnesses---Said witnesses could not be believed, in circumstances--- Circumstances established that the prosecution failed to prove its case against the accused beyond shadow of doubt---Appeal was allowed and accused was acquitted by setting aside conviction and sentences recorded by the Trial Court, in circumstances.

MUHAMMAD IKRAM vs State S — 2022 YLR 1762 LAHORE-HIGH-COURT-LAHORE

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