Abid Ali vs State Ss — 2025 PCrLJ 383 LAHORE-HIGH-COURT-LAHORE

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Abid Ali VS State Ss. 302(b), 201, 109, 148 & 149---Qatl-i-amd, causing disappearance of evidence of offence, or giving false information to screen offender, abetment, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Call Data Record (CDR), production of---Inconsequential----Delay in sending body from the spot to the mortuary---Accused were charged for committing murder of two sons of complainant by firing---Prosecution put much emphasis on the evidence of the complainant, and an eye-witness, on the point that the deceased "S" made a call on 15 Police emergency before his death at 10:02 a.m. on 10.02.2018---Complainant made the call on 15 Police emergency at 10:18 a.m. on 10.02.2018 and referred to a copy of call data to prove that incident against the appellants was reported by the deceased in his life time---However, as per prosecution case, on receiving firearm injury "S" succumbed to the injuries at the spot---Moreover, it was not the case of the prosecution that any altercation occurred between the deceased and the accused before the incident---Caller did not give the accused's name in the call on 15 police emergency---Investigating Officer said that the dead body of the deceased "S" laid at the place of occurrence till 05:00 p.m., and after that, the dead body was sent to the mortuary---Admittedly the complainant, eye-witness, Head Constable, and the Investigating Officer deposed that the Investigating Officer arrived at the place of occurrence after 05:00 p.m. and after that, the dead body of deceased "S" was sent to the mortuary after about seven hours from the time of occurrence---Substantial period had lapsed between the incident and sending the dead body from the spot to the mortuary---As deposed by the Medical Officer, "S" died at 10:00 a.m., thus the prosecution failed to prove who made the call on 15 police emergency, and if the dead body of "Y" was received in the dead house at 11:15 a.m., then the entire prosecution story become doubtful---Thus, the presence of the complainant and the eye-witness at the time of occurrence became doubtful---Appeal was allowed and appellants were acquitted of the charge.

Abid Ali vs State Ss — 2025 PCrLJ 383 LAHORE-HIGH-COURT-LAHORE

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