Sher Azam Khan vs State Ss — 2025 YLR 930 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 YLR 930 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: YLR
Parties: Sher Azam Khan vs State Ss
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Sher Azam Khan VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Ocular account and medical evidence---Confliction---Accused were charged that they made firing upon the complainant party, due to which brother of complainant was hit and died whereas one other person sustained firearm injury---All the eye-witnesses had given photographic narration of the incident by attributing each injury of each deceased to each of the accused but eye-witness had not disclosed seat of injuries of deceased attributed to co-accused---Other two witnesses stated in their statements before the Trial Court that fire shots made by co-accused hit on left calf and ankle of deceased---Contrary to that, Medical Officer, during his post-mortem examination, did not observe any injury on his left calf and ankle specifically attributed to co-accused, rather observed grazing wound over the dorsum of left foot which had not specifically been attributed to him---Such conflict between ocular and medical evidence was not ignorable, rather shattered the credibility of the eye-witnesses creating doubt regarding their presence at relevant time at the place of occurrence---Co-accused had been found not involved in the occurrence during investigation as stated by Investigating Officer---In such circumstances, involvement of co-accused in the case was not free from doubt---Appeal against conviction was allowed, in circumstances.

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