NAVEED SADIQ vs State Ss — 2023 YLR 2562 LAHORE-HIGH-COURT-LAHORE

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NAVEED SADIQ VS State Ss. 302(b), 324, 337-D & 34---Qatl-i-amd, attempt to commit qatl-i-amd, jaifah, common intention---Appreciation of evidence---Benefit of doubt---Presence of complainant at the time and place of occurrence doubtful---Accused was charged that he along with his co-accused committed murder of the deceased persons and during the occurrence two persons also sustained injuries---Record showed that it was a daylight occurrence and the parties were known to each other but the prosecution witnesses failed to establish their presence at the crime scene as their version was not in consonance with the material collected during the investigation---First of all, it was observed that after the occurrence, both the injured, were shifted to hospital---Record divulged that the death certificates of the deceased persons were issued from said hospital---Whereas, injured witness was shifted to T.H.Q. Hospital who, on the one hand, had shown ignorance regarding shifting of injured-given up witness to hospital and, on the other hand, admitted that he dispatched both the injured to T.H.Q. hospital---Complainant during the cross-examination came out with different/ ambiguous version---No material was available on record to show as to how the injured/deceased were shifted to hospitals---Had the eye-witnesses been there, they could have confidently described about the shifting of the deceased/injured---Complainant sustained firearm injury at the hands of co-accused hitting on his back, chest and different parts of body---Medico-Legal Report of the injured suggested twelve injuries on his person but the story described by the complainant did not fit in the probabilities and his presence at the crime scene at the time of occurrence was not confirmed by the facts and circumstances of the case---Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable shadow of doubt---Appeal against conviction was accordingly allowed.

NAVEED SADIQ vs State Ss — 2023 YLR 2562 LAHORE-HIGH-COURT-LAHORE

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