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---Night time occurrence---Source of light---Eletric bulb not secured from place of occurrence---Accused were charged for committing murder of the son of complainant and also causing injures to the complainant by firing---As per the case of prosecution, the complainant deposed that three eye-witnesses witnessed the occurrence in the light of an electric bulb---Said witnesses took complainant and his son to the hospital, but son of complainant succumbed to the injuries on the way and complainant was referred from THQ Hospital to DHQ Hospital for treatment---During cross-examination, the complainant deposed that his relative shifted him to THQ Hospital and from there he was referred to DHQ Hospital---Complainant further deposed during cross-examination that he was shifted from the place of occurrence by eye-witnesses after 15/20 minutes of the occurrence on a car---Eye-witness deposed that he along with complainant and two witnesses witnessed the entire occurrence in the light of electric bulb and after the occurrence accused persons fled away by extending threats to kill them by waving their daggers---Said eye-witness stated that they took the complainant and his son to hospital but son of complainant succumbed to the injuries on the way while complainant was referred from THQ Hospital to DHQ Hospital for treatment---Contrary to that, Medical Officer, who conducted the Medico-Legal Examination of the complainant deposed that complainant was brought for treatment by Police Officer---Medico-Legal Certificate of the complainant revealed that Police Officer brought the injured---In addition, through the application, the Investigating Officer requested the issuance of Medico-Legal Certificate, which complainant received---Investigating Officer admitted that no electric bulb was taken into possession from the place of occurrence, nor was its recovery memo. prepared---All the said facts casted a cloud of 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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