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---Dishonest improvements made by eye-witnesses---Accused were charged for committing murder of the son of complainant by firing---Ocular account in the case was furnished by two eye-witnesses---Statements of the two eye-witnesses showed that while appearing before the Trial Court, both of them made dishonest improvements and omissions in their statements---According to eye-witness, he along with his brother/other eye-witness was standing outside the shop---Said eye-witness further stated that after the occurrence he and his brother informed their father about the incident and all the three escorted deceased in injured condition to hospital---Such stance of eye-witness was confronted with his police statement where it was not so recorded---Contrarily, other eye-witness during cross-examination took the stance that he along with his brother was present at the shop of his brother/deceased---During cross-examination said witness also stated that in his statement, he took the stance that five fire shots hit on left side of abdomen, left wrist, thigh of left leg, left foot and upper side of knee of right leg of deceased---However, when such portion of cross-examination was confronted with his police statement, the specifications of locale and seat of injuries were not found therein---Besides said omissions, the statements of the two eye-witnesses were further found polluted with numerous other improvements and omissions---By doing so, eye-witnesses compromised their integrity thereby leaving a big question mark over their credibility---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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