Ali Akbar Zia vs State Ss — 2025 PCrLJ 893 LAHORE-HIGH-COURT-LAHORE

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Ali Akbar Zia VS State Ss. 302(b), 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Medical evidence not supporting ocular account---Accused were charged for committing murder of the father of complainant by firing---Medical Officer deposed during his examination-in-chief that Investigating Officer and a S.I. produced the dead body of deceased---Investigating Officer had stated that he handed over the dead body to Police Constable for postmortem examination---Medical Officer deposed during his examination-in-chief that as per police information, the death occurred at 01:45 pm on 21.10.2019---As per the postmortem examination report, the probable time that elapsed between injury and death was immediate with a difference of 15-20 minutes---Perusal of the postmortem report, revealed that the same was prepared on 23.10.2019 and the table relating tothe receiving of the dead body and signature by the Police Official was left blank---Thus, it appeared that to bring ocular account in line with the medical evidence the prosecution tried to establish that for saving the life of deceased (then injured), the complainant was shifting his father to RHC, when he, on the way to RHC, lost his life---Whereas the documentary evidence belied the oral testimonies of the prosecution witnesses---In addition, the eye-witness deposed that after the incident, he did not accompany the complainant, when he took his father to the hospital---Whereas, the Investigating Officer had stated that he prepared the inquest report at RHC and in column No.4 regarding the persons who identified the dead body, name of eye-witness was mentioned, who himself had stated that he was present at the place of occurrence---Said grave infirmities destroyed the credibility of witness evidence---Circumstances established that the prosecution had failed to prove its case against the appellant beyond any shadow of doubt---Appeal against conviction was allowed accordingly.

Ali Akbar Zia vs State Ss — 2025 PCrLJ 893 LAHORE-HIGH-COURT-LAHORE

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