Amir Shahzad vs State Ss — 2024 YLR 2418 LAHORE-HIGH-COURT-LAHORE

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Amir Shahzad VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---No justification for the presence of eye-witnesses at the time and place of occurrence---Chance witness---Accused were charged for committing murder of the nephew of complainant by firing---Quarrel between womenfolk of the parties was stated to be the motive behind the incident---Ocular account was led by complainant and his brother-in-law/witness who deposed before the Court about role of present accused that he caused a firearm injury on the chest of deceased---Said witnesses claimed their presence in the house of witness adjacent to the house of accused and viewed the occurrence while glancing over to the house of accused because the intervening wall was four feet high---In the evidence, it was mentioned that complainant was not a resident of place of occurrence rather his house was at a distance of 50/55 kilometers away---Delay of five hours for lodging the crime report was reflective of the fact that he was not present at the place of occurrence---Though complainant admitted that father of deceased was mentally and physically fit person and he informed him yet did not arrive at the place of occurrence until next morning that too in the hospital---Complainant claimed his presence in the house of his brother-in-law/witness but did not state the reason for his presence and also could not justifiably establish that the house of his brother-in-law was near the crime scene---Occurrence took place in the house of accused and site plan showed house of deceased adjacent to it from the back on southern side but no house of witness was cited in the un-scaled or scaled site plan---Claim of complainant qua house of his brother-in-law was further doubted when he deposed that he did not help the Investigating Officer to prepare the un-scaled site plan---Considering such fact, if any anything unusual had happened, the first to respond should have been the mother or any other living person in the house of deceased, but she did not volunteer to become complainant or witness in the case---Eye-witness who was reportedly the brother-in-law of the complainant had claimed that deceased and his family members were living in his house on the day of occurrence, but if this was the situation, then in scaled or un-scaled site plan his house must have been swapped with the house of deceased---Complainant further conceded that people who came from another city also reached the hospital---Thus, it was apparent from the facts that complainant was not present at the place of occurrence at the relevant time---Mother or others were not ready to report the matter; therefore, police waited for the person who could lead the drive for implication of the accused in the story concocted through FIR; thus, complainant was called from another city to become the complainant---By all means complainant being not a resident of the area was a chance witness who could not justify his presence at the place of occurrence, he was a step uncle of the deceased and it was shrouded in mystery that what grudge he nourished against the accused to involve him in this case to cash the murder of deceased, which occurrence was not supported by any one else from the locality---According to eye-witness, after hearing hues and cries, they ran to the house of father of accused---Fact of bending forward by the witnesses in contrast to running to the crime scene went a long way to discredit the presence of witnesses---Serious doubt was cast on the claim of eye-witness about his presence at the place of occurrence---Circumstances established that the prosecution had failed to prove the charge against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

Amir Shahzad vs State Ss — 2024 YLR 2418 LAHORE-HIGH-COURT-LAHORE

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