ZAHOOR AHMAD vs State Ss — 2022 YLR 189 LAHORE-HIGH-COURT-LAHORE

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ZAHOOR AHMAD VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Ocular account and medical evidence---Contradictions---Accused was charged for committing murder of the brother of the complainant by firing---Non-payment of outstanding amount by the deceased was motive behind the occurrence---Ocular account of the occurrence had been furnished by the brother/ complainant and behnoi of the deceased being eye-witnesses---Both the eye-witnesses were not natural witnesses---Though, they claimed that they had seen the incident but had failed to explain one injury which was on the medial aspect of right thigh as it was exit wound---Both the eye-witnesses in their statements recorded during trial, had described that two injuries were sustained by the deceased by making dishonest improvements to bring the case of prosecution in line with the medical evidence---Said witnesses had specifically attributed that fire shots made by the accused landed on the right side below belly and near thigh joint of the deceased---Eye-witnesses lifted/shifted the deceased through Rescue 1122 and, thus, their clothes might have stained with blood but neither any such clothes were taken into possession nor produced during the investigation---Medical Officer held the autopsy and observed three injuries including two entry wounds and the other was exit of injury---During the cross-examination, the Medical Officer admitted that he observed no corresponding holes on the clothes of the deceased---Had he seen any hole, he would have definitely mentioned the same in post-mortem examination report---Statement of said witness further reflected that it was possible that fire shots strike the body of the deceased in naked condition---Medical evidence, therefore, contradicted the ocular account---Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable doubt---Appeal against conviction was allowed, in circumstances.

ZAHOOR AHMAD vs State Ss — 2022 YLR 189 LAHORE-HIGH-COURT-LAHORE

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