Aamir Khan vs State Ss — 2024 YLR 2272 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2024 YLR 2272 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2024
Reporter: YLR
Parties: Aamir Khan vs State Ss
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Aamir Khan VS State Ss. 302(b), 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Ocular account and medical evidence---Inconsistency---Accused were charged for committing murder of the brother of complainant by firing---According to complainant, the pistol shots fired by accused culminated in injuries on left bicep, left armpit, left shin and left shoulder of deceased---During autopsy though Medical Officer noticed four entry wounds but none out of them was on left bicep---Besides that, the Medical Officer observed two firearm entry wounds on the left leg of the victim and needless to mention here that in accordance with the ocular account there should have been a single firearm injury---Furnishing of medical evidence in a case of homicide is not a simple formality and instead it enables the Court to adjudge the veracity of eye-witnesses in reference to their claim of having seen the incident---In the instant case, both the eye-witnesses remained consistent in their stance of remaining with the victim at the crime scene for about 45 minutes thus no leverage about the difference in the locale of injuries could be given to them---Conflict between medical and ocular account was always considered a factor detrimental to the case of prosecution, sufficient enough for discarding the evidence of eye-witnesses---Circumstances established that the prosecution failed to bring home guilt against the accused through unimpeachable, trustworthy and reliable evidence---Appeal against conviction was accordingly allowed.

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