Irfan Haider vs State Ss — 2025 PCrLJ 605 LAHORE-HIGH-COURT-LAHORE

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Irfan Haider VS State Ss. 302(b), 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Unnatural conduct of witnesses---Accused were charged for committing murder of the brother of complainant by firing and also causing firearm injury to his uncle---Content of the injury statement revealed that after registration of FIR, the injured witness was taken to the THQ hospital, through Police Constable (not cited as PW) for medical treatment---Medical Officer deposed that on 17.11.2012, the injured witness was brought by Police Constable (not cited as PW)---From the Medico-Legal Certificate of the injured witness also, it was evident that in the column of the name of relative and friend, the name of relatives was not mentioned, but the name of Police Constable (not cited as PW) was mentioned---In the said Medico-Legal Certificate, the timing of arrival and examination had also not been mentioned---In the column of number and date of police docket/Court order FIR No.603 of 2012 was mentioned, which meant that till the registration of FIR, the injured witness was not shifted to the hospital for medical treatment while from the contents of the FIR, it was also revealed that injured was not shifted to the hospital before registration of the FIR---In the FIR, the complainant mentioned that the injured was struggling for life---Conduct of the prosecution witnesses could not be said to be natural---Evidence of the eye-witnesses must stand the test of probability---If theconduct of eye-witnesses was unnatural, doubt was created in the prosecution case, and their oral evidence was not believable---Appeal against conviction was allowed, in circumstances.

Irfan Haider vs State Ss — 2025 PCrLJ 605 LAHORE-HIGH-COURT-LAHORE

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