YASIR PARVEZ vs State Ss — 2023 YLR 2164 LAHORE-HIGH-COURT-LAHORE

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YASIR PARVEZ VS State Ss. 302(b), 396 & 412---Qatl-i-amd, dacoity with murder, dishonestly receiving property stolen in the commission of dacoity---Appreciation of evidence---Benefit of doubt---Contradictions in the statements of witnesses---Accused were charged for committing murder of the brother of complainant and injuring the complainant during dacoity---According to contents of FIR, on hearing the report of a fire shot as well as hue and cry made by complainant and his deceased brother, witness, since given up, and eye-witness were attracted to the spot along with many other person---Such narration given in the FIR suggested that the witnesses attracted to the spot after fire shot had been made could not be considered to have seen the assailants who made fire shot---Moreover, it had never been the case of complainant that two witnesses were already present in the street before their arrival---However, during cross-examination, complainant volunteered that said witnesses were already present in the street at the time of occurrence---Eye-witness in his cross-examination also stated that he was present in the street where occurrence took place---Such claim of complainant and eye-witness was in utter contradiction with the contents of FIR where witnesses were shown to have been attracted to the spot after hearing report of fire shot---In the scaled site plan which was prepared by draftsman on the pointing out of witnesses, distance between point No.1 where deceased sustained firearm injury at the hands of accused, from point No.3 wherefrom the fire shot was made by said accused, was three feet---However, during the course of cross-examination, complainant stated that he could not say with certainty that from which side fire was shot at deceased because they were grappling with each other---Said assertion of complainant implied that fire shot was made on the deceased when he was grappling with the accused---As for distance of deceased from the accused when fire shot landed on the abdomen of deceased, two versions in prosecution case emerged at trial---According to first version, fire shot was made by accused on the deceased from a distance of three feet as shown in scaled site plan whereas according to second version fire shot was made by accused on the deceased when they were grappling with each other, as stated by complainant---Both the versions were in clear contrast with each other considering the statement of complainant that he could not say with certainty that from which side fire was shot because they were grappling with each other---It could very conveniently be inferred that complainant did not see the fire shot made on the deceased---In both the eventualities, fire would be considered to have been made within a range of not more than three feet, as such, presence of burning around the entry wound is quite natural in view of principles of medical jurisprudence but strangely enough, there was no blackening around the wound as stated by Medical Officer during the course of his cross-examination---Circumstances established that the prosecution failed to prove its case against accused persons beyond reasonable shadow of doubt---Appeal against the conviction was allowed accordingly.

YASIR PARVEZ vs State Ss — 2023 YLR 2164 LAHORE-HIGH-COURT-LAHORE

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