Ghulam Abbas alias Agha vs State Ss — 2024 YLR 2222 LAHORE-HIGH-COURT-LAHORE

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Ghulam Abbas alias Agha VS State Ss. 302(b), 324 & 109---Qatl-i-amd, attempt to commit qatl-i-amd, abetment---Appreciation of evidence---Presence of eye-witnesses at the spot doubtful---Chance witnesses---Accused was charged for committing murder of his wife, her mother and brother by firing---Both the eye-witnesses, complainant and a witness produced by the prosecution hailed from District "S" and it was claimed that complainant, on receiving information qua the quarrel between accused and his sister on telephone call allegedly made by deceased brother of complainant, along with one witness, (not produced) reached at the house of accused situated at a Adda of District "L"; at that point of time, all the three deceased along with accused were standing outside of house of the accused and in their view, the accused made fatal firing on all the three persons, who later on succumbed to the wounds---So, apparently, stance of the eye-witnesses that they reached at the crime scene exactly at the same time when the accused made firing at the persons of the deceased from a far flung place i.e. District "S" about 170 kilometers away from "L", was hard to believe---All the three injured were shifted to hospital through Rescue 1122 and the complainant and other witnesses also accompanied them but unfortunately, no official from the office of Rescue 1122 was produced before the trial Court to verify the stance of the eye-witnesses---Medico Legal Certificates of deceased sister and brother of complainant showed that in the relevant columns of 'accompanied by' was kept blank---So, these two documents belied stance of the eye-witnesses that in fact they had accompanied the deceased to hospital in injured condition and that fact also raised eyebrows qua the truthfulness of their stance qua their availability and witnessing the occurrence---Circumstances established that the prosecution failed to prove its case on the touchstone of principle of 'beyond reasonable doubt'---Appeal against conviction was allowed, in circumstances.

Ghulam Abbas alias Agha vs State Ss — 2024 YLR 2222 LAHORE-HIGH-COURT-LAHORE

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