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---Delay of more than four days in lodging the FIR---Effect---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 complainant deposed that incident took place on 07.04.2012 at 5:00 p.m., whereas he reported the incident on 11.04.2012 at 12:15 a.m. (night) through his written application, whereas formal FIR was chalked at 12:25 p.m. on 11-04-2012, whereas distance of police station was 18 kilometers---Contents of the statement by injured persons clearly revealed that one injured lady died on 19.07.2015; other injured ladies were brought to the police station with their injury statements prepared by Investigating Officer on 07.04.2012---Complainant had not reported the incident to the police and later on with delay of four days reported the incident--- If the deposition of complainant was taken as correct to the extent of providing treatment to the injured ladies even then brother of the wife of complainant had not reported the incident to the police---When all the injured ladies were taken to Police Station from the place of occurrence where their injury statements were prepared and they were referred to hospital through Police Constable for medical treatment, even then the matter was not reported to the police---Said circumstances created serious doubt in the prosecution case---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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