Bilal Muzaffar alias Heera vs State Ss — 2025 PCrLJ 942 LAHORE-HIGH-COURT-LAHORE

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Bilal Muzaffar alias Heera VS State Ss. 302(b), 148 & 149---Qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Ocular account not proved---Accused were charged for committing murder of the father of complainant and two others by firing---Prosecution produced two witnesses, to prove the ocular account---One of the witnesses was declared hostile---Complainant attributed a specific role in the written application and FIR to the appellant "WZ", who made a fire shot with his 222-bore rifle, which landed on the front of the abdomen of "GM"-deceased---Whereas in the postmortem examination report of "GM"-deceased, there was no firearm injury on the front of his abdomen---As per prosecution version given by the complainant in the written application and FIR, the appellant "WH", while armed with a 244-bore rifle, made a fire shot, which landed on the left side of the chest below the nipple of "AR", the deceased---Witness of ocular account had not attributed any injury to the appellant "WH", towards "AR", deceased---Specific roles were given to the co-accused, who were acquitted by the Court or with whom the legal heirs of the deceased compromised---No injury was attributed by witness to the appellant "WH", towards "AR"; instead, the injuries were attributed to his co-accused persons(since acquitted)---Hostile witness was cross-examined but it was found that he had denied all questions and suggestions put him during cross-examination and the prosecution had cross-examined said witness in detail---In the present case, one witness suppressed facts, and other was declared hostile---Despite the same, the Trial Court recorded findings holding the accused guilty of the offences charged---Such approach adopted by the Trial Court did not conform with the settled principles of burden of proof in criminal jurisprudence---Appeal against conviction was allowed, in circumstances.

Bilal Muzaffar alias Heera vs State Ss — 2025 PCrLJ 942 LAHORE-HIGH-COURT-LAHORE

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