MUHAMMAD ASHRAF vs State Ss — 2022 YLRN 31 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD ASHRAF VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Ocular account and medical evidence---Contradictions---Accused were charged for committing murder of the son of complainant---Case of complainant was that accused made a fire with 30 bore pistol hitting on left side of ribs of deceased---Accused made a second fire which landed on left ear near temporal region of deceased---Medical Officer, who conducted autopsy of the dead-body of deceased, noted four firearm injuries on the person of deceased including two entry wounds on head near left ear and back of right side of chest---Medical Officer also noted two exit wounds on back and right side of head as well as on front and left side of the chest below left nipple---Admittedly, injuries as mentioned in the post-mortem-examination-report had not been explained by the complainant in the FIR---Two eye-witnesses while appearing before the Trial Court improved the prosecution story qua injury on ribs allegedly sustained by accused---Ocular account was in direct conflict with the medical evidence and that the evidence furnished by the said three eye-witnesses was shaky in nature and could not be relied upon for maintaining the conviction/sentence of the accused---Circumstances established that the prosecution had failed to prove its case beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

MUHAMMAD ASHRAF vs State Ss — 2022 YLRN 31 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported