Ihsan Illahi alias Shani vs State Ss — 2026 MLD 221 LAHORE-HIGH-COURT-LAHORE

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Ihsan Illahi alias Shani VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Medical evidence belying ocular account---Accused were charged for committing murder of the son of complainant by firing---Perusal of the Medico-Legal Certificate unfolded that Medical Officer noted four entry wounds on left side of abdomen, left forearm, right knee joint and left upper leg of deceased---However, said witness in examination-in-chief stated that deceased in injured condition was brought by Head Constable with the "history of fight, firearm injury hit by two persons"---Said witness also stated that the injured was "vitally stable well oriented in time and space"---According to the Medical Officer, the injured received injuries as a result of fight and not due to the criminal assault launched by anybody---Secondly, as per prosecution's own case the complainant had already got registered two FIRs against the appellant who was none other than paternal cousin of the deceased---Thus, there was no question of mistaken identity but the injured did not disclose the name of the appellant before the Medical Officer---Even said Medical Officer during cross-examination admitted that had the injured told the name of any person he would have mentioned the same in brief history---After the incident deceased remained alive for almost 18-days and according to Medical Officer, he was stable but no application was moved by any of the Investigating Officer to record his statement---Such conduct of the Investigating Officer also made the prosecution case highly doubtful---Medical Officer while conducting postmortem examination of the deceased noted four entry wounds in Medico-Legal Certificate, however, during cross-examination he categorically admitted the variation and location of injuries between the Medico-Legal Certificate and Post Mortem Report on the body of the deceased---In such circumstances, the medical evidence was also of no help to the prosecution---Appeal against conviction was allowed, in circumstances.

Ihsan Illahi alias Shani vs State Ss — 2026 MLD 221 LAHORE-HIGH-COURT-LAHORE

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