Haq Nawaz vs State Ss — 2025 MLD 862 LAHORE-HIGH-COURT-LAHORE

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Haq Nawaz VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Ocular account and medical evidence---Confliction---Accused were charged for committing murder of the son of complainant by firing---In the complaint, there was over-writing with regard to role attributed to the appellant---It was evident from the perusal of the complaint that initially it was alleged that appellant made a fire shot with his pistol, which landed on the left thigh of deceased but after interpolation and overwriting the said words were changed from left thigh to right thigh and the words by putting the pistol on the thigh were also added and as such the role attributed to the appellant had been changed through interpolation and over-writing---Noteworthy that in the contents of the FIR and in the complaint, it was alleged that appellant, made a fire shot with his pistol after putting the same on his right thigh but Medical Officer, who first medically examined deceased in injured condition, did not note any blackening, burning or tattooing on injury No.2, which was on the right thigh of the deceased---Medical Officer further conceded that in case of a contact fire shot, there was possibility of blackening, burning and tattooing---As there was no blackening, burning or tattooing on the injuries of the deceased, therefore, the said injuries were not contact wounds and the said injuries were caused from a range of more than three feet---Thus, there was conflict in the ocular account and the medical evidence of the prosecution to the extent of role attributed to appellant of making a fire shot on the right thigh of the deceased by putting his pistol on his right thigh---Circumstances established that the prosecution failed to prove its case to the extent of appellant beyond the shadow of doubt---Appeal against conviction was accordingly allowed.

Haq Nawaz vs State Ss — 2025 MLD 862 LAHORE-HIGH-COURT-LAHORE

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