EJAZ alias JAJJI vs State Ss — 2023 YLR 1835 LAHORE-HIGH-COURT-LAHORE

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EJAZ alias JAJJI VS State Ss. 302, 324, 336, 449, 109, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, itlaf-i-salahiyyat-i-udw, house-trespass in order to commit offence punishable with death, abetment, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Presence of complainant at the scene of occurrence doubtful---Accused were charged that they made firing upon the complainant party after entering into their house, due to which one person died whereas three sustained injuries, however, due to the indiscriminate firing one of the accused was also hit and died whereas another was injured---Record showed that injured persons were medically examined on 07.04.2012 between 09:00 p.m. to 09:20 p.m. and all injured witnesses were brought to the hospital at 8:30 p.m. on the same day---In column of medical legal reports relating to, "name of the relative and friend" the words "by police" were written---Medical legal certificates showed that the injured were not accompanied by the complainant and they were brought by the police for medical treatment, which made the prosecution case doubtful---However, contents of the injury statements clearly revealed that injured persons were brought to the police station where their injury statements were prepared by Investigating Officer---Oral evidence could not displace the contents of the documents itself---Man may lie but a document will not---Prosecution had failed to offer a satisfactory explanation for the shifting of the injured to the hospital after preparing injury statements on 07-04-2012 by Investigating Officer---Said fact created serious doubt about the genuineness of the prosecution story including presence of the complainant at the scene of occurrence---Circumstances established that the prosecution had failed to prove its case beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

EJAZ alias JAJJI vs State Ss — 2023 YLR 1835 LAHORE-HIGH-COURT-LAHORE

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