Malik Muhammad Imran vs State Ss — 2026 YLR 231 LAHORE-HIGH-COURT-LAHORE

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Malik Muhammad Imran VS State Ss. 302(b), 324, 452, 429, 337-a(iii), 337-F(iii), 337-F(v), 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, house-trespass after preparation for hurt, assault, or wrongful restraint, mischief by killing or maiming cattle of any value or any animal of the value of fifty rupees, shajjah-i-hashimah, ghayr-jaifah-mutalahimah, causing shajjah-i-khafifah, rioting armed with deadly weapons, unlawful assembly---appreciation of evidence---Benefit of doubt---Contradictions in the statements of witnesses---accused were charged that they made firing upon the complainant party, due to which one person died and five persons sustained firearm injuries---all the four injured witnesses after the occurrence as per story of the prosecution were taken to police station from where after preparation of police papers they were dispatched to THQ Hospital for their medical examination---However, the version of said witnesses of the ocular account was not supported by one of the injured witnesses produced by complainant party---Version of said injured witness stood corroborated from the statement of first Investigating Officer who was the first Police Officer who visited the place of occurrence immediately after getting knowledge and made it clear during the course of his examination-in-chief that on 30.05.2017 he prepared the injury statements of injured persons and sent them to THQ Hospital with Police Constable for their medical examination---Medico-Legal Certificates of the injured witnesses categorically contained the fact that all the injured were medically examined through Police Constable, meaning thereby that the witnesses of ocular account stood belied before the Court regarding the manner and mode of incident and the examination of injured who were never taken to police station immediately after the occurrence, rather their injury statements were prepared by Police Officer at the spot and that too prior to the registration of the FIR---admission on part of the complainant that the injured were shifted to the hospital via Rescue-1122 manifested that they were not taken to Police Station rather were shifted directly to the hospital---Besides that said Police Officer also stated that he prepared injury statement of buffalo of complainant and sent it to Veterinary Hospital for its medical examination---Perusal of said injury statements revealed that the reference of Rapat No. 18 dated 30.05.2017 was mentioned therein---By the time the Police Officer visited the spot, no FIR had been registered---Thus, without registration of FIR said Police Officer was not empowered to prepare and investigate the case---Furthermore, it was evident from record that neither Police Officer was joined with investigation nor he handed over the injury statements of the injured to Investigating Officer to be taken into possession vide recovery memo in that case in order to endorse the fact that after Rapat No.18 the proceedings were conducted in accordance with law and in this way the injury statements prepared by Police Officer lost its evidentiary value---appeal against conviction was allowed, in circumstances.

Malik Muhammad Imran vs State Ss — 2026 YLR 231 LAHORE-HIGH-COURT-LAHORE

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