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

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Sher Azam Khan VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Presence of eye-witnesses at the time and place of occurrence not proved---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---As per record, it was mentioned in the FIR that after the occurrence, deceased in injured condition and dead body of deceased were shifted to hospital---Investigating Officer admitted in cross-examination that he had not interrogated about any vehicle or vehicle of Rescue 1122 through which the injured deceased were shifted from the place of occurrence---Defence had produced two officials of Rescue 1122---Said Rescue Officials had no grudge or ill-will against the complainant---Statements of said witnesses and documents discarded the presence of the eye-witnesses at relevant time---Had the eye-witnesses been present at the time of occurrence and at the place of occurrence, their names would have been mentioned in said documents prepared by the officials of Rescue Office---This was the reason,the prosecution had concealed shifting of the deceased/the then injured through official vehicle of Rescue 1122 to hospital, otherwise, it was the duty of prosecution to produce the said public documents to establish the presence of eye-witnesses with the deceased at relevant time---Presumption of correctness was attached to public documents, certified copy thereof was relevant and admissible in evidence unless contrary was proved rebutting such presumption completely---In present case, prosecution had not produced any evidence to rebut the same which negated the presence of eye-witnesses at relevant time at the place of occurrence---Appeal against conviction was allowed, in circumstances.

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

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