ALLAH DITTA vs State Ss — 2023 MLD 899 LAHORE-HIGH-COURT-LAHORE

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ALLAH DITTA VS State Ss. 302, 365, 109, 148 & 149---Qatl-i-amd, kidnapping or abducting with intent to secretly and wrongfully confine person, abetment, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Unnatural conduct of the eye-witnesses---Accused were charged for committing murder of the son of the complainant after kidnapping him---Deceased was not a stranger or alien to the eye-witnesses but their own blood, so what they were expected to do naturally at the time of occurrence, they did not do so---Complainant during entire occurrence did not try to interfere to rescue his real son from the clutches of the assailants---No doubt that according to the allegations, the assailants were eight in numbers and armed with Toka/Dandas etc. but in such a situation fear could not sustain throughout because the natural reaction of real father, finding the life of his son in danger, had to be in a way to intercept or to challenge the accused persons for the purpose of saving his life---Complainant stated that after the occurrence when he lifted his son, his hands and clothes were smeared with blood and he produced those clothes before the Investigating Officer when he met him for the first time but that fact was not supported from the statement of Investigating Officer---Similarly, widow of deceased although maintained that she scuffled with assailants and her clothes were torn but even those clothes were not produced before the Investigating Officer in support of her version---Unnatural conduct still continued because none of the private witnesses bothered to inform the police which fact they admitted and even Investigating Officer categorically replied that none from the complainant party informed the police about the occurrence---If eight persons armed with weapons emerged in the field, where complainant etc. and deceased were working and their ultimate object was to eliminate deceased, question was why he was taken to the house of accused that was at a distance of about seven acres from there---Prosecution had no valid argument or explanation for this---Circumstances established that the prosecution had failed to prove its case beyond reasonable doubt against accused persons---Appeal against conviction was allowed, in circumstances.

ALLAH DITTA vs State Ss — 2023 MLD 899 LAHORE-HIGH-COURT-LAHORE

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