Khizer Hayat vs State Ss — 2025 YLR 1532 LAHORE-HIGH-COURT-LAHORE

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Khizer Hayat VS State Ss. 302(b), 449, 148 & 149---Qatl-i-amd, house-trespass with the intent to cause harm, assault or wrongful restraint, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---No justification for the presence of witnesses at the time and place of occurrence---Chance witnesses---Doubtful evidence---Accused were charged for committing murder of the deceased by firing---Occurrence in this case took place at the daira of deceased---Complainant and an eye-witness were admittedly residents of a village, which was at a distance of 1 to 1½ kilometers from the place of occurrence---During the investigation, the complainant and the eye-witness had not disclosed the reason of their presence at the place of occurrence---Thus, both the eye-witnesses were chance witnesses and they were bound to prove the reason of their presence at the spot at the relevant time---Said witnesses had not given any cogent reason of their presence at the spot at the time of occurrence, therefore, they were chance witnesses and as such their evidence was not free from doubt---Appeal against conviction was allowed, in circumstances. Citation Name: 2025 YLR 1532 LAHORE-HIGH-COURT-LAHOREBookmark this Case Khizer Hayat VS State Benefit of doubt---Principle---If there is a single circumstance which creates doubt regarding the prosecution case, the same would be sufficient to give benefit of doubt to the accused. Citation Name: 2025 YLR 1532 LAHORE-HIGH-COURT-LAHOREBookmark this Case Khizer Hayat VS State Medical evidence---Scope---Medical evidence is a type of supporting evidence, which may confirm the ocular account with regard to receipt of injury, nature of the injury, kind of weapon used in the occurrence but it does not identify the assailant. Citation Name: 2025 YLR 1532 LAHORE-HIGH-COURT-LAHOREBookmark this Case Khizer Hayat VS State Ss. 302(b), 449, 148 & 149---Qatl-i-amd, house-trespass with intent to cause harm, assault or wrongful restraint, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Defence plea of alibi plausibly established---Accused was charged that he along with his co-accused persons committed murder of the deceased by firing---As per record appellant was found innocent during the course of police investigation and his plea of alibi was verified by the Investigating Officer---Though, police opinion after recording of prosecution evidence by the Trial Court becomes irrelevant, however, at the same time, police opinion regarding the innocence of the accused person could be considered as an additional fact for the acquittal of said accused person, coupled with other peculiar facts of the said case---According to the plea of alibi taken by the appellant he was nor present at the village of occurrence at the time of occurrence rather he was present at a hotel situated at place, 'L' (Lahore)---Investigating Officer of the case clearly deposed that during his investigation, appellant was found not to be involved in the occurrence of the case---Complainant did not move any application regarding change of investigation---Police finding qua the appellant was not merely based on the opinion of the Investigating Officer rather the same was based on Call Data Record of the mobile phone numbers of the appellant, collected by the Investigating Officer during investigation and statements of defence witnesses recorded in favour of the appellant during investigation---Said witnesses also appeared before the Court during trial---Both the defence witnesses categorically stated that the appellant was present at his hotel at place 'L' (Lahore) on the day and time of occurrence---Said witnesses were cross-examined at length by prosecution but their evidence could not be shaken---Said witnesses remained consistent to the extent of plea of alibi of the appellant---Appeal against conviction was allowed, in circumstances.

Khizer Hayat vs State Ss — 2025 YLR 1532 LAHORE-HIGH-COURT-LAHORE

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