Muhammad Amjad vs State Ss — 2025 MLD 899 LAHORE-HIGH-COURT-LAHORE

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Muhammad Amjad VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Presence of the complainant at the spot not proved---Accused were charged for committing murder of the father of complainant by firing---Complainant deposed that the deceased in injured condition was shifted to the police station on a motorcycle---Clothes of complainant were stained with the blood of deceased while shifting to the police station but admittedly no such blood-stained clothes of the complainant/eye-witness had been secured or produced by Investigating Officer---In these circumstances, it was concluded that complainant produced by the prosecution was not reliable and in all likelihood he had not witnessed the murder in issue---Appellant mounted assault as per prosecution's own case to settle score with complainant for allegedly having exchange of hot words with him---Site plan positions would show that complainant, the other witnesses and the deceased were at the mercy of the appellant but being the prime target even no threat was extended to complainant---As per prosecution's own case the appellant and complainant were face to face at the time of occurrence and said witness was well within the view and reach of appellant but astonishingly the appellant let the said witness go unhurt who was the prime target of assault---No other inference could be drawn from such circumstances other than that either said witness was not present at the scene or the occurrence took place in a backdrop other than the one narrated in the FIR---If any such altercation took place between the appellant and complainant then the prime target for the appellant should have been the said witness---Circumstances established that the prosecution could not prove its case against the appellant beyond any shadow of doubt---Appeal against conviction was allowed accordingly.

Muhammad Amjad vs State Ss — 2025 MLD 899 LAHORE-HIGH-COURT-LAHORE

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