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---Dishonest improvements made by the witnesses---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---Record showed that the eye-witnesses were not sure about the kind of firearms used during the occurrence, therefore, they did not specify the kinds of firearms in the contents of the FIR or in their statements recorded by the police and they stated in general terms that the accused and other accused persons committed the occurrence with firearms instead of specifying the said firearms as pistols, rifles or guns 12-bore etc as they stated before the Court---Eye-witnesses did not mention the source of light or presence of any "Dhari" at the spot in their statements recorded by the police and they made dishonest improvements in their statements recorded by the Trial Court in order to cover weaknesses in the prosecution case---Said witnesses were confronted with their previous statements and the dishonest improvements made by them were duly brought on the record---Witness, who made dishonest improvements in hisstatement on material aspect of the case, in order to fill the lacunas of the prosecution case or to bring his statement in line with the other prosecution evidence, was not worthy of reliance---Appeal against conviction was allowed, in circumstances.

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

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