Citation Name: 2024 YLR 1915 LAHORE-HIGH-COURT-LAHOREBookmark this Case Akhtar Ali vs State Benefit of doubt

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Citation Name: 2024 YLR 1915 LAHORE-HIGH-COURT-LAHOREBookmark this Case Akhtar Ali VS State Benefit of doubt---Principle---Single instance giving rise to a reasonable doubt in the mind of the Court entitles the accused to benefit of doubt not as a matter of grace but as a matter of right. Citation Name: 2024 YLR 1915 LAHORE-HIGH-COURT-LAHOREBookmark this Case Akhtar Ali VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Recovery of weapon of offence---Inconsequential---Accused was charged that he along with his co-accused committed murder of the maternal grandfather of the complainant by firing---Record showed that pistol .30-bore recovered on pointing out of the accused which was seized by the Investigating Officer through recovery memo duly attested by the witnesses, was inconsequential as no empty was seized by the Investigating Officer from the place of occurrence---Even otherwise the recovery was just a corroboratory piece of evidence and when other incriminating prosecution's evidence had been disbelieved/discarded, the same could not be relied upon in case of capital punishment---Appeal against conviction was allowed accordingly. Citation Name: 2024 YLR 1915 LAHORE-HIGH-COURT-LAHOREBookmark this Case Akhtar Ali VS State Medical evidence---Scope---Medical evidence may confirm the ocular account with regard to the receipt of injury and kind of weapon, but it can not connect the accused with the commission of crime. Citation Name: 2024 YLR 1915 LAHORE-HIGH-COURT-LAHOREBookmark this Case Akhtar Ali VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Motive not proved---Accused was charged that he along with his co-accused committed murder of the maternal grandfather of the complainant by firing---According to the prosecution, the motive behind the occurrence was that one day prior to the occurrence, the accused persons entered in the house of the complainant and gave beating to him and in that regard, complainant had moved an application at Police Station and due to said grudge, the accused had committed the alleged occurrence---Motive was never conclusive proof of guilt of an accused rather just a factor for convincing the mind of a Court deciding the crime while keeping in view the rest of the evidence brought on record---Motive set up by the prosecution alone could not come to rescue the sinking boat of the prosecution---Appeal against conviction was allowed accordingly. Citation Name: 2024 YLR 1915 LAHORE-HIGH-COURT-LAHOREBookmark this Case Akhtar Ali VS State Benefit of doubt---Location---Scope---Conviction must be founded on unimpeachable evidence and certainty of guilt---Any doubt arising in the prosecution case must be resolved in favour of accused. Citation Name: 2024 YLR 1915 LAHORE-HIGH-COURT-LAHOREBookmark this Case Akhtar Ali VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Presence of the witnesses at the spot at the time of occurrence doubtful---Accused was charged that he along with his co-accused committed murder of the maternal grandfather of the complainant by firing---Complainant during the course of cross-examination admitted that at the time of Medico-Legal Certificate injured was in his senses---Surprisingly despite capacity/ stability, victim did not opt to record his statement to the Investigating Officer---Police also did not make any effort to record his statement for reasons best known to it---Thus the noticeable/significant delay in lodging of the FIR; non-recording of statement of the injured (now deceased) who was firstly taken to the Police Station and then for Medico-Legal Certificate when according to medical evidence he was vitally stable at the time of Medico-Legal Certificate; familiarity of the parties to each other being residents of the same vicinity, pointed out to the possibility that the occurrence remained un-witnessed and time had been consumed in procuring and planting eye-witnesses and in cooking up a story for the prosecution---Furthermore, according to the Medico Legal Certificate of injured, (now deceased), it was the police, who had brought him to THQ Hospital for his medical examination on 01.08.2016 at 10.30 a.m. (the alleged day of occurrence)---As per invariable practice whoever brought an injured to the hospital, whether relative or friend, his name and particulars were mentioned in a specific column, meant for such purpose but in this case none of the witnesses or any other else were cited as companion of the injured (now deceased)---Moreover, Medical Officer, who conducted Medico-Legal Certificate, during his cross-examination, stated that when injured came in the hospital he was not accompanied by any private person---Hence, in view of such position, the presence of eye-witnesses at the spot at the relevant time of occurrence seemed to be doubtful---Appeal against conviction was allowed accordingly. Citation Name: 2024 YLR 1915 LAHORE-HIGH-COURT-LAHOREBookmark this Case Akhtar Ali VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Delay of two days in lodging FIR---Consequential---Accused was charged that he along with his co-accused committed the murder of the maternal grandfather of the complainant by firing---Alleged occurrence took place on 01.08.2016 at about 9.00 a.m. whereas the matter was reported to the police with an inordinate delay of two days on 03.08.2016---Distance between the place of occurrence and Police Station was about 09 K.M.---Complainant was maternal grand-son whereas a witness was nephew of the deceased---Witnesses and the accused were residents of the same locality and already known to each-other, as such, in absence of any chance of misidentification of the accused persons, there existed no reason to delay, the registration of FIR---Explanation for inordinate delay of two days in lodging the FIR that the complainant remained busy in the treatment of his maternal grand-father/deceased was neither plausible nor convincing as another witness, who was nephew of the deceased, could have reported the incident to the police well within time in absence of the complainant---Appeal against conviction was allowed accordingly.

Citation Name: 2024 YLR 1915 LAHORE-HIGH-COURT-LAHOREBookmark this Case Akhtar Ali vs State Benefit of doubt — 2024 YLR 1915 LAHORE-HIGH-COURT-LAHORE

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