Ali Hassan vs State Ss — 2025 PCrLJ 1675 LAHORE-HIGH-COURT-LAHORE

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Ali Hassan VS State Ss. 302(c), 379, 452, 148 & 149---Qatl-i-amd, theft, house-trespass after preparation for hurt, assault, or wrongful restraint, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Ocular account not supported by medical evidence---Accused were charged for committing murder of the brother-in-law of the complainant and also stealing money from the shop of the victim---Complainant stated in his statement before Court that accused hit with butt of pistol on left temporal region of victim whereas other accused hit with brick on left side of head of victim---Similarly, eye-witness also stated that accused gave butt blow of pistol on left temporal region/kanpatti of victim and other accused hit with brick on left side of head of victim---Perusal of injuries clearly revealed that injury attributed to accused at temporal region/kanpatti was found at the time of medico-legal examination of victim on his body as injury No.2 whereas injury No.3 was active bleeding from left ear canal, and Medical Officer clearly stated during his statement before Court that injury No.2 might have led to injury No.3---So, there was no injury on the head except injury on left temporal region/kanpati (injury No.2) which was just 3.5cm above left ear and it was attributed to co-accused of the appellant---Thus, ocular account to the extent of present appellant that he hit brick on the left side of head of victim could not be supported/confirmed by the medical evidence---Eye-witness was not mentioned as eye-witness in the application for the registration of the case as well as FIR and his ocular version to the extent of appellant had not been supported/confirmed by medical evidence---Thus, ocular account produced by the prosecution to the extent of appellant had not been found as confidence inspiring or truthful, therefore, same could not be relied and was discarded---Appeal against conviction was allowed, in circumstances.

Ali Hassan vs State Ss — 2025 PCrLJ 1675 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2025 PCRLJ