Fakhar Iqbal Shah vs State Ss — 2025 PCrLJ 802 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.

Fakhar Iqbal Shah VS State Ss. 302(b), 148 & 149---Qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Site plan contradicting ocular account---Scope---Accused was charged that he along with his co-accused persons committed murder of the servant of complainant by firing---In this case a cross version also stood recorded, thus complainant party went to police station for lodging complaint---According to site plan complainant party was heading towards north and they were at some distance from Central Chowk where deceased received firearm injury in the street, but as per FIR police station was towards South-West from the place of occurrence---Moving in opposite direction did not give any support to the fact that they were actually going to police station to complain about the day time threats of accused---According to prosecution story, fire was made by appellant from northern side, which was reflected from point No.2 hitting the deceased at point No. 1 (south-west) which was an impossible angle because there was an intervening wall of 5/6 feet on northern side and a 2 feet high wall on eastern side, thus, it could only hit the deceased if bullet took a swing of around 10 feet from point No.4 to point No. 1, which was an impossibility---Accused was at point No. 2, whereas other four accused duly armed with rifle, gun and pistols were at point No. 3 but spent shells were found present at point No. 4 which was just in front of point No. 1 where the deadbody was lying---There was no mention of inter se distance between point No. 1 and point No. 4 in the site plan but distance of accused (at point Nos. 2 and 3) from point No. 1 (where dead body was lying) was mentioned as 10 Karms (55 feet); same would obviously be read for point No. 4 as well, therefore, availability of spent shells at a distance of 10 Karams from the point where accused made firing was an impossible situation---Prosecution claimed that accused received fire in the street and died there and then, but as per site plan his deadbody was found present in the nearby courtyard of baithak of one "MA" (point No.1 in site plan) which was accessible from said street only on crossing a two-feet high wall on western side---It was nearly impossible that after receiving fire in the street, body of deceased tossed to a nearby courtyard---Deadbody of deceased was also visibly lying in the courtyard from the pictures produced by the prosecution and the defence---There was no splash of blood on western side wall, nor was it explained how deadbody reached that place---Appeal against conviction was allowed, in circumstances.

Fakhar Iqbal Shah vs State Ss — 2025 PCrLJ 802 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2025 PCRLJ