AFTAB HUSSAIN vs State Ss — 2023 YLR 1585 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 YLR 1585 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: YLR
Parties: AFTAB HUSSAIN vs State Ss
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

AFTAB HUSSAIN VS State Ss. 324, 337-a(i), 337-a(iii), 337-F(i), 337-F(iii), 337-L(2), 337-H(2), 336, 452 & 34---attempt to commit qatl-i-amd, shajjah-i-khafifah, shajjah-i-hashimah, ghayr-jaifah-mudihah, ghayr-jaifah-mutalahimah, causing hurt, rash and negligent act, itlaf-i-salahiyat-i-udw, house-trespass after preparation for hurt, common intention---appreciation of evidence---Benefit of doubt---Dishonest improvements made by the witness---Effect---accused were charged that they entered into the shop of complainant and made firing, due to which the complainant and a witness were hit and got injured---In FIR it was the case of complainant that two accused made fires hitting on the mouth of injured, however when he came in witness box, he in his examination-in-chief improved the version by stating that both the accused made joint firing and it was the fire of one accused that hit on the lips of injured---Said witness was duly confronted by defence from his previous statement but he could not offer any explanation for that improvement---When important witness of the case improves his version during the trial to bring his evidence in line with the other declarations, his testimony remains of no worth for the prosecution---Thus, the worth and veracity of two injured witnesses of the case was under serious doubts hence they could not be relied upon---Circumstances established that the prosecution had failed to prove its case against the accused beyond any reasonable doubt---appeal against conviction was allowed accordingly.

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