Muhammad Akram vs State Ss — 2024 YLR 2469 LAHORE-HIGH-COURT-LAHORE

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Muhammad Akram VS State Ss. 302(b), 109, 379, 427, 34, 148 & 149---Qatl-i-amd, abetment, theft, mischief causing damage to the amount of fifty rupees, common intention, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Night time occurrence---Source of light not established---Accused was charged that he along with his co-accused persons made firing upon the complainant party, due to which the brother of complainant was hit and died, thereafter the accused persons destroyed the cotton and Jawar crops while ploughing the same---Occurrence took place on the intervening night of 02/03-08-2014, at 1.00 a.m. (night)---No source of light was mentioned in the FIR---Although the prosecution eye-witnesses at the time of recording of their statements before the Trial Court stated that they identified the accused persons in the light of torch but no such source of light had been mentioned in the contents of the FIR---No torch, through which the accused persons were identified by the prosecution eye-witnesses, had been taken into possession through any recovery memo. by the Investigating Officer---Allegedly, the torch through which the prosecution eye-witnesses identified the accused and his co-accused was broken due to the firing of the accused persons as stated by the Investigating Officer but no such statement was made by any prosecution eye-witnesses---As per site plan, there was a distance of 92-feet between the accused and the witnesses, therefore, in the darkness of the night, identification of the accused from such a long distance was not free from doubt---No source of light was mentioned in the FIR---Under the circumstances, identification of the accused by the witnesses in the darkness of night was not free from doubt---Appeal against conviction was allowed, in circumstances.

Muhammad Akram vs State Ss — 2024 YLR 2469 LAHORE-HIGH-COURT-LAHORE

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