Ejaz Ahmed vs State Ss — 2025 YLR 451 LAHORE-HIGH-COURT-LAHORE

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Ejaz Ahmed VS State Ss. 302(b), 148 & 149---Qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Non production of motorcycle used by the witnesses---Consequential---Accused were charged for committing murder of two persons of the complainant party by firing---Eye-witnesses claimed that they had gone to the place of occurrence on a motorcycle whereas the two deceased were riding a separate motorcycle, however, during the course of the investigation as well as before the Trial Court, the said motorcycle, allegedly used by the prosecution witnesses to arrive at the place of occurrence, was not produced---Said motorcycle, which was allegedly used by the said witnesses to arrive at the place of occurrence, was not even produced during the entire period of investigation nor was produced before the Trial Court---Non-production of the motorcycle led to only one conclusion that no such motorcycle was available---Had a motorcycle been used by the prosecution witnesses to arrive at the place of occurrence, then the same must have been available at the place of occurrence at the time of arrival of the Investigating Officer---In this manner, the prosecution witnesses failed to prove that they had indeed arrived at the place of occurrence, at the time when the same was happening---Both the eye-witnesses failed miserably to establish the reason for their presence at the place and time of occurrence and the mode through which they arrived at the place of occurrence---Prosecution was under a bounden duty to establish not only that the prosecution witnesses had a reason to proceed to the place of occurrence but also to prove the mode through which the said witnesses arrived at the place of occurrence---Failure of the said witnesses to prove said fact had vitiated the trust on said witnesses as being truthful witnesses---Appeal against conviction was allowed, in circumstances.

Ejaz Ahmed vs State Ss — 2025 YLR 451 LAHORE-HIGH-COURT-LAHORE

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