Master Riaz Ahmad vs State Ss — 2025 PCrLJ 1816 LAHORE-HIGH-COURT-LAHORE

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Master Riaz Ahmad VS State Ss. 302(b), 109, 148 & 149---Qatl-i-amd, abetment, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Benefit of doubt---Presence of eye-witnesses at the time and place of occurrence not proved---Appellants along with their co-accused committed murder of the brother of complainant by firing---Motive behind the occurrence was a land dispute between the parties---As per the contents of written complaint, FIR and private complaint, the complainant had specifically mentioned that his brother after receiving firearm injuries on his legs caused by accused was smeared with blood---Complainant had not mentioned in his written complaint as well as in private complaint that soon after the incident, when and how he shifted his brother to Hospital and when the deceased took his last breath---Complainant and witness, brother and paternal uncle of the deceased, respectively, had not stated that what effort they made for saving the life of the deceased, nor in that regard placed on the record any document revealing that medical treatment was provided to the deceased, soon after the incident---Medical Officer, who conducted postmortem examination on the dead body of the deceased, deposed that the mouth was semi-opened---Probable duration between injury and death was within minutes to an hour and the time between death and postmortem examination was within 24 hours---To determine the time of death, the prosecution failed to bring on record any material evidence revealing when the deceased took his last breath---In addition, as per the post-mortem report, the autopsy was conducted at 09:30 p.m. on 30.07.2015---Till 09:30 p.m. on 30.07.2019, the FIR was not registered---If the FIR had been registered by 11:45 a.m., the Medical Officer would have stated in his testimony that he had also attested a copy of the FIR, along with the injury statement and application for post-mortem examination---Incident occurred at 10.40 am and after sustaining injuries on the legs, the deceased was taken to the hospital in a car, which was 05 kilometers from the place of occurrence and could have travelled within a period of about ten minutes to reach the hospital---However, no effort was made by the prosecution witnesses to save the life of the injured---If those witnesses had witnessed the incident, they should have taken care of the injured and provided him with first aid or at least attempted to stop the bleeding---However, no efforts of any kind were made by those witnesses, which also suggested that they did not see the occurrence---Neither of those witnesses tried to take the injured to the hospital so that the proper medical treatment could be given to him and the Medical Officer could have saved him---No medical aid was provided to victim soon after the incident until 11:30 a.m. on 30.07.2015---If the witnesses were present at the scene and promptly took victim to the hospital, where he received medical assistance, there should have been evident signs of the type of treatment he received---Medical Officer observed no signs of medical assistance being provided---Such facts raised doubts about the presence of the complainant and eye-witnesses at the place of the offence---Appeal against conviction was allowed, in circumstances.

Master Riaz Ahmad vs State Ss — 2025 PCrLJ 1816 LAHORE-HIGH-COURT-LAHORE

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