MUHAMMAD ADEEL vs State Ss — 2023 YLRN 59 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD ADEEL VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Accused were charged for committing murder of the son of complainant---Motive was that a short while ago there was a fight between children and accused and co-accused had extended threats to deceased---According to complaint and even on perusal of contents of FIR it was the case of complainant that deceased had died at the spot---During trial the position remained under mystery that whether deceased died at the spot or somewhere else---Statement of Medical Officer indicated that there was one injury on the left chest cavity present on posterolateral aspect of lower part of deceased---Said Medical Officer also observed a surgical wound available for intubation measuring about 2cm x 1cm going deep present on the left chest, about 8cm left to the left nipple, as evident same was a surgical wound---Said position had made the picture clear that deceased had not died at crime scene but at the same time it was unveiled story where he had taken his last breath---Said fact was also confirmed that before the post mortem of deceased was conducted he was given treatment by some doctor---Question would arise as to who was that doctor, where he provided medical treatment, what the methods were adopted for that treatment and finally if it was so why no report was there in that context---Even the Investigating Officer in cross-examination admitted that he did not collect any information from hospital that as to whether any medical examination of deceased was conducted prior to his post mortem examination---Credibility of sole witness had also come under heavy clouds of doubts therefore his presence had not been established in the case---When the sole witness of the case had been disbelieved then it would be futile exercise to discuss the recovery of dagger, which at the most was corroborative piece of evidence---Circumstances established that prosecution had failed to prove its case beyond reasonable doubt against the accused---Appeal against conviction was allowed, in circumstances.

MUHAMMAD ADEEL vs State Ss — 2023 YLRN 59 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported