Ameer Hussain vs State Ss — 2026 MLD 466 LAHORE-HIGH-COURT-LAHORE

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Ameer Hussain VS State Ss. 302(b), 452, 427, 109, 148 & 149---Qatl-i-amd, house-trespass after preparation for hurt, assault, or wrongful restraint, causing damage or loss of fifty rupees or more through mischief, abetment, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Dishonest improvements made by witnesses in their statements---Accused was charged that he along with his co-accused persons committed murder of the father of complainant---Entire case of the prosecution relied on the ocular account furnished by complainant, who was son of the deceased and an eye-witness, who was paternal nephew of the complainant---On 09.02.2011 examination-in-chief of complainant was recorded but he could not be cross-examined as he was murdered---Other eye-witness appeared in the witness box and admitted in his cross-examination that he stated before the police that at 06:30 p.m. on hearing hue and cry and firing he along with "AR" went inside Dairaof deceased and had seen that all the accused were already present inside the Daira---Said witness further admitted that he stated before police that appellant after breaking the door entered into the room and made second fire which hit deceased who was already present inside the Baithak---Said witness further admitted that he had not tried to save himself when he saw assailants---He further alleged that he was not apprehending any danger from accused persons and that at the time of occurrence, the door of room was not broken---Said witness admitted that he did not raise any hue and cry when he saw the assailants---In such circumstances, it appeared that their statements could safely be termed as dishonest improvements---Appeal against conviction was allowed, in circumstances.

Ameer Hussain vs State Ss — 2026 MLD 466 LAHORE-HIGH-COURT-LAHORE

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