Usama Ali vs State Ss — 2025 YLR 427 LAHORE-HIGH-COURT-LAHORE

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Usama Ali VS State Ss. 302(b), 109, 148 & 149---Qatl-i-amd, abetment, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Circumstantial evidence---Evidence created/planted on crime scene to implicate accused---Accused was charged for committing murder of the son of complainant along with his two friends by firing---Circumstantial evidence, in the form of DNA matching with some hair in the clenched palm of one of the deceased and on swabs taken from shoe, was mind-boggling evidence and raised many question that how such evidence was collected and procured by the police---First eye brow raiser was the situation in which dead bodies were lying on the place of occurrence---An impression was created that deceased were targeted when they were on motorcycle and after sustaining injuries they fell down on the ground, because snaps of place of murder as well as statements of witnesses showed that motorcycle was lying over the dead body of one of thedeceased, but surprisingly no blood spots or splashing on the motorcycle were found, which fact was conceded by Investigating Officer---Furthermore, Medical Officer had also not observed any injury on the body of deceased due to fall from motorcycle---Medical Officer had also observed no blackening or burning around the injuries of any of the deceased which showed that deceased were hit from quite a distance---When the accused was not within the reach of deceased, some hair in the clenched palm of deceased had no meaning---Similarly, when nobody had seen the accused committing murder, showing that accused ran in haste while leaving his left shoe at the place of occurrence was a story that might not find a buyer---Official witness/Constable, on call, reached the place of occurrence and photographed the dead bodies, but stated that none of the pictures showed the recovery of human hair from the fist of deceased---Investigating Officer admitted that there was no reference of capturing hair by dead body of deceased in his injury statement prepared by him---Said witness also stated that no photograph of fist of deceased was captured, wherein, he was carrying hair---Said witness had not found in said snaps any shoe near or around the dead bodies of deceased persons---Thus, evidence was created to book the accused/appellant---Appeal against conviction was allowed, in circumstances.

Usama Ali vs State Ss — 2025 YLR 427 LAHORE-HIGH-COURT-LAHORE

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