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

Case information

Citation: 2026 MLD 221 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2026
Reporter: MLD
Parties: Ihsan Illahi alias Shani 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

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---Recovery of crime empties from the spot doubtful---Accused were charged for committing murder of the son of complainant by firing---Record showed that a pistol was recovered from the appellant which matched with five crime empties secured from the spot---Complainant as well as the two eye-witnesses during their respective cross-examination specifically admitted that on 01.11.2017 police prior to the registration of FIR visited the crime scene, however no crime empty was secured from the spot at the time of first visit of police---According to the first Investigating Officer, he visited the spot on 02.11.2017 and took into possession blood stained cotton and five crime empties of .30 bore pistol through recovery memos---In that regard, Investigating Officer also prepared site plan, the perusal of which unfolded that he collected five crime empties from Point-D which was a thoroughfare situated in front of the shop of the deceased---Admittedly, Investigating Officer visited the spot after more than one and a half day of the incident and the place of recovery of crime empties was athoroughfare---Hence, it seemed not plausible that the crime empties remained lying at the spot, which were not taken into notice by police on 01.11.2017 and nobody removed the same in spite of free public movement---Appeal against conviction was allowed, in circumstances.

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