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---Night time occurrence---Source of light---Identity of the accused not proved---Accused was charged for committing murder of the son of complainant along with his two friends by firing---In the present case, site plan did not indicate any road leading to stadium or the town---Both the witnesses neither had shown their place of presence to the police nor police had sketched or photographed that place---As per statement of one witness, they did not go to western bank of canal---No proof of light was provided on the western bank of canal---If some acquaintance of a witness with accused/appellant was conceded, he was not expected to have identified the accused from a distance with intervening canal and that too in a dark night, because source of light as deposed was at a distance of ½ kilometer---Testimony of said witness did not inspire confidence as his presence at acclaimed place was highly doubtful---Other witness admitted that during the period at canal, no one from the public met them, and no vehicle was passing thereby at the relevant time---Said witness also conceded that he did not know the person whom they visited in the City---Surprisingly, said witnesses made the statement on 25.06.2016 to the police but complainant had already nominated the accused/appellant on 24.06.2016---As per testimony of said witness, he had received information of murders on 24.06.2016 but did not contact the complainant (his maternal uncle) or witnesses on phone on the said day despite the fact that his two brothers were also witnesses in the case---Thus, present two witnesses were installed by the prosecution in support of the complainant who suspected involvement of accused/appellant---Prosecution had not opted to procure Call Data Record (CDR) of those witnesses to justify their acclaimed presence near canal at the relevant time---Said witnesses had not seen the commission of murder by 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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