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--- No justification for the presence of witnesses at the time and place of occurrence---Chance witnesses---Accused were charged for committing murder of the brother of complainant and injury the complainant during dacoity---Record showed that complainant admittedly was posted as Patwari Irrigation Department, as such on the day of occurrence, he was supposed to be present at his office whereas in complaint, he was shown to be accompanying deceased and also witnessed the occurrence---Claim of complainant qua his presence at the spot made him a chance witness particularly when it had never been the stance of complainant in his written application that on the fateful date he in fact was on leave---Eye-witness should reasonably explain his presence at the spot and narration of incident as given by such witnesses should also inspire confidence---Both the said essential elements simply were lacking in the instant case inasmuch as neither presence of complainant had plausibly been explained and even narration of incident given by said witness hardly inspired confidence---Eye-witness, in his examination-in-chief attempted to support the stance of complainant but he skipped to state the improved stance of complainant that accused persons demanded them to hand over the cash---Said witness instead came up with the assertion in his examination-in-chief that accused tried to snatch amount from deceased and on his resistance, accused fired shot with his pistol---Said witness, who was nephew of complainant, admittedly was posted at Police Post which was at a distance of 2-½ kilometers from city, and he was supposed to be present at the place of his duty---No plausible explanation at all had been put forth by eye-witness justifying his presence at the spot during the hours when he was supposed to have been present at Police Post---Said witness too would conveniently be counted as a chance witness---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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