Muhammad Nawaz vs State Ss — 2025 MLD 1165 LAHORE-HIGH-COURT-LAHORE

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Muhammad Nawaz VS State Ss. 302(b), 324, 337-F(iii) & 34---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah-mutalahimah, common intention---Appreciation of evidence---Ocular account not proved---Accused was charged for committing murder of the brother of complainant and also causing injuries to his other brother by firing---Ocular account of the incident had been furnished by complainant and the injured---Both the said eye-witnesses were the real brothers of deceased---Record reflected that on the day of occurrence, complainant and injured were serving in police department---Complainant had failed to justify his presence at the time and place of occurrence because he could not establish through any solid evidence that he was on leave at the date and time of occurrence---Although, injured was alleged to have a stamp of injury on his body but it was not necessary that whatever he had stated was the gospel truth---As per prosecution story, injured sustained firearm injury at the time and place of occurrence but he was medically examined on fourth day of the occurrence---Similarly, it was mentioned in F.I.R that injured was shifted to hospital, but the prosecution had no satisfactory explanation that why he was not medically examined by the concerned doctor at hospital and why his Medico-Legal Certificate was not obtained on the same day---Moreover, on the following day i.e. 22.11.2021, injured joined the investigation and recorded his statement under Section 161, Cr.P.C. but even on that day, he was not sent by the Investigating Officer for his medical examination and issuance of Medico-Legal Certificate---In such eventualities, possibility could not be ruled out that Medico-Legal Certificate of injured was subsequently maneuvered by the prosecution as both the eye-witnesses were police officials---Appeal against conviction was allowed, in circumstances.

Muhammad Nawaz vs State Ss — 2025 MLD 1165 LAHORE-HIGH-COURT-LAHORE

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