Muhammad Zafar Iqbal vs State Ss — 2026 MLD 420 LAHORE-HIGH-COURT-LAHORE

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Muhammad Zafar Iqbal VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Night time occurrence---Identification of the accused by eye-witnesses doubtful---Accused were charged for committing murder of the brother of complainant by firing and also causing fire arm injuries to the complainant---According to the eye-witnesses, occurrence took place at about 08.00 p.m. on the night of 06.08.2015---However, admittedly, no source of light, which could have enabled the witnesses to have rightly identified the accused and also allowed the witnesses to have noted the individual roles of each and every accused present at the place and time of occurrence, was produced by the witnesses during the investigation of case or even before the Trial Court---Eye-witnesses in their statements recorded by the Trial Court, did not even mention the presence of any source of light which could have enabled them to correctly identify not only the accused but also the other various facts of the incident---Failure of the eye-witnesses even to mention any source of light in their statements recorded by the Trial Court led to only one conclusion, and that being that no such source of light was available at the place of occurrence which could have enabled the eye-witnesses to have identified the assailants and also witnessed the individual roles of the assailants as acted by them during the occurrence---According to the prosecution evidence, the Investigating Officer of the case visited the place of occurrence after the occurrence, still, he did not observe or take into possession any source of light which was allegedly available and lit at the place and time of occurrence---Scaled site plan of the place of occurrence as prepared by Patwari and the rough site plan of the place of occurrence as prepared by Investigating Officer, also did not mention the presence of any source of light at the place of occurrence---Eye-witnesses failed to establish the fact of such availability of a light source and in the absence of their ability to do so, this Court could not presume the existence of such a light source---Absence of any light source had put the whole prosecution case in the dark---It was admitted by the witnesses themselves that it was a dark night and as the prosecution witnesses failed to prove the availability of any light source, their statements with regard to them identifying the assailants, including the appellant, could not be relied upon---Failure of the prosecution witnesses to prove the presence of any light source at the place and time of occurrence had repercussions, entailing the failure of the prosecution's case---Appeal against conviction was allowed, in circumstances.

Muhammad Zafar Iqbal vs State Ss — 2026 MLD 420 LAHORE-HIGH-COURT-LAHORE

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