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---Ocular account and medical evidence---Contradictions---Accused were charged for committing murder of the brother of complainant and injuring the complainant during dacoity---Both the witnesses of ocular account had mentioned the time of occurrence as 12:00 noon but said deposition was not at all supported by the medical evidence---According to Medical Officer, injured, then deceased was brought at THQ Hospital at 11:15 am through his brother---Said deposition simply knocked the bottom out of whole prosecution story provided by the witnesses of ocular account as per whom occurrence took place at 12:00 noon---Had occurrence in this case taken place at 12:00 noon as claimed by the witnesses of ocular account, there could have been no question that injured was brought before Medical Officer at 11:15 a.m., i.e., 45 minutes prior to occurrence---Medical Officer was indeed an independent witness and the stance taken by him could not be doubted particularly when he was under oath---Even if a wrong fact was deposed by said witness, same could have been corrected and rectified either through re-examination or even getting said witness declared as hostile to that extent but nothing of that sort was done at trial---According to Investigating Officer, complainant appeared before him at Police Station and produced application and after lodging formal FIR, he prepared injury statement of injured, then deceased, and deputed a Police Constable for getting him medically examined---If injury statement was prepared after registration of FIR at 12:50 p.m., presence of injured at THQ Hospital even at 11:55 a.m. was beyond one's comprehension and reacted against the truthfulness of contents of complaint and even the evidence of witnesses of ocular account qua the time of occurrence---As per the contents of complaint, deceased also sustained injuries on various parts of his head, claimed to have been caused by accused persons with butts of pistol, however, no injury whatsoever on head of deceased was noticed by Investigating Officer in injury statement---Similarly, as per complaint, complainant also sustained pistol butt blows on various parts of his body but no Medico-Legal Certificate was obtained to show the injuries---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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