Ali Akbar vs State Ss — 2025 MLD 818 LAHORE-HIGH-COURT-LAHORE

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Ali Akbar VS State Ss. 302(b), 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Contradictions in the statements of witnesses---Accused were charged for committing murder of the son of complainant and also causing injures to the complainant by firing---Moharrar deposed that he received the complaint at 10.10 pm on 04.03.2020---Investigating Officer stated during cross-examination that he received the information of the occurrence at 08.15 pm on 04.03.2020 when he was present at police station, through Moharrar---Investigating Officer further deposed that they reached the place of occurrence at 08:30 p.m., and the dead body of the deceased was lying on the ground at the place of occurrence at the time of his arrival---Complainant mentioned the date of occurrence in the private complaint as 04.03.2020 at 08.00 pm, however said fact was not mentioned in his statement recorded before the police---Eye-witness had specifically deposed during cross-examination that they reached back at the place of occurrence along with dead body at 09:30 p.m.---Investigating Officer stated that he reached the place of occurrence at 08:30 p.m., and the dead body of the deceased was lying on the ground at the place of occurrence at the time of his arrival---Eye-witness had specifically deposed that they reached back at the place of occurrence along with dead body at 09.30 pm---Complainant deposed during cross-examination that he was not present at the place of occurrence when the site plan was prepared---Contrary to that, the Investigating Officer deposed that when he prepared the site plan the witnesses and injured complainant were present there and they pointed out all the points and places to him---Said depositions of the witnesses created doubt about the prosecution story---Circumstances established that the prosecution had not been able to prove its case against the appellants beyond any shadow of doubt---Appeal against conviction was allowed accordingly.

Ali Akbar vs State Ss — 2025 MLD 818 LAHORE-HIGH-COURT-LAHORE

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