FIDA HUSSAIN vs State Ss — 2022 YLRN 168 LAHORE-HIGH-COURT-LAHORE

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FIDA HUSSAIN VS State Ss. 302(b) & 34---Qatl-i-amd and common intention---Appreciation of evidence---Benefit of doubt---Chance witness---Contradiction in ocular and medical evidence---Recovery of weapon--- Matching of empties---Scope---Accused persons were alleged to have murdered the son of complainant in front of the gate of his house---Statement of Investigating Officer and scaled site plan revealed that the dead body was present in an open field having wheat crop---Presence of complainant at the spot could not be doubted being inmate of the house but second eye-witness had no reason to visit the complainant's house---Occurrence had taken place at 09:30 a.m. and the dead body had remained present at crime scene for quite sufficient period as the application for registration of case was also drafted and submitted to the Investigating Officer at the crime scene but according to assertion of the Medical Officer, the dead body was received in the hospital at 09:30 a.m.---Eye-witnesses had claimed that the accused persons had fired from a distance of one pace but only one injury was found having burning and tattooing around it and all other injuries did not have the burning blackening and tattooing---Medical evidence was not in line with the prosecution story, rather it contradicted the same---Empties found from the crime scene were not fired from the weapons recovered on the indication of accused persons---Two defence witnesses had deposed that they were the persons who had firstly reached at the place of occurrence, that none of the eye-witnesses were available at the crime scene and that they had called the complainant---Investigating Officer had admitted that one of the defence witnesses was present at the place of occurrence whereas the other had appeared before him to plead innocence of an accused with the same version as narrated before the Trial Court---High Court observed that evidence of defence witnesses was sufficient to create reasonable doubt---Sentences awarded by Trial Court to the accused persons were set aside---Appeal was allowed and the accused persons were acquitted of the charge.

FIDA HUSSAIN vs State Ss — 2022 YLRN 168 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported