MUHAMMAD AHMAD alias BAGGI vs State Ss — 2022 YLRN 19 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD AHMAD alias BAGGI VS State Ss. 302(b), 109, 148 & 149---Qatl-i-amd, abetment, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Ocular account and medical evidence---Contradictions---Accused were charged for committing murder of the brother-in-law of the complainant---Ocular account of the occurrence as furnished by eye-witnesses was flawed as it was contrary to the medical evidence available on record---Both the eye-witnesses made detailed statements with regard to the each and every injury observed on the dead body of the deceased, however, said witnesses failed to mention that the deceased had also received an injury on the back of his chest, which injury was mentioned in the post mortem examination report---Medical Officer stated that he observed a lacerated wound of the dimension of 2cm x1 cm present on the back of right chest of the dead body of the deceased, which injury had been caused by a firearm weapon and blackening was also present around the wound---No explanation of the presence of the said injury observed by Medical Officer on the dead body of the deceased in the statements of both the eye-witnesses---Complainant, in the written application submitted by him for the registration of FIR had got recorded in the same that acquitted co-accused of the present accused, while armed with pistol 30-bore, fired at deceased hitting him on his left shoulder---Medical Officer stated that he observed two lacerated wounds of the dimension 3 cm x 2 cm on the left upper chest posteriorly, however the said wounds were exit wounds---In that manner, complainant had attributed causing of exit wounds to acquitted co-accused of the present accused---Said contradictions in the ocular account of the occurrence as narrated by eye-witnesses and the medical evidence as furnished by Medical Officer clearly established that the prosecution had failed to prove the charge against the accused---Circumstances established that the prosecution had failed to prove its case against the accused beyond any reasonable doubt---Appeal against conviction was allowed, in circumstances.

MUHAMMAD AHMAD alias BAGGI vs State Ss — 2022 YLRN 19 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported