Babar alias Jani vs State Ss — 2025 PCrLJ 22 LAHORE-HIGH-COURT-LAHORE

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Babar alias Jani VS State Ss. 302(b), 506 & 34---Qatl-i-amd, criminal intimidation, common intention---Appreciation of evidence---Ocular account and medical evidence---Contradictions---Accused was charged that he along with his co-accused committed murder of the brother of complainant by inflicting churri blows---Complainant deposed that co-accused caught hold of deceased whereas accused present in the Court gave churri blows on right arm and neck of the deceased---Eye-witness deposed that when accused made churri blows upon neck and right arm of deceased till such period co-accused caught hold of deceased and thereafter, both of them fled away---Medical Officer observed four injuries on the back of deceased---Medical Officer opined that four injuries collectively and two injuries were enough to cause the death of a person in ordinary course of nature and such two injuries were on the back of the chest of deceased---Medical Officer deposed that no injury was caused from the front side to the deceased---It was not possible that if co-accused was holding the deceased, then the appellant could have inflicted the injuries on his back---Medical Officer stated explicitly that the injuries were not inflicted from the front; relatively the same were caused from the back---Such fact created doubt about the genuineness of the version given by the complainant and eye-witness---Thus, the prosecution version was contradicted by medical evidence, which affected the core of the prosecution's case and rendered the witness's testimony liable to be discredited---Circumstances established that the prosecution had failed to bring home a charge against the appellant beyond any reasonable doubt---Appeal against conviction was allowed accordingly.

Babar alias Jani vs State Ss — 2025 PCrLJ 22 LAHORE-HIGH-COURT-LAHORE

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