Shahid alias Shahidi vs State Ss — 2026 YLR 27 LAHORE-HIGH-COURT-LAHORE

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Shahid alias Shahidi VS State Ss. 302(b), 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Benefit of doubt---Night time occurrence---Source of light not proved---Accused were charged for committing murder of the mother of complainant by firing---Source of light introduced by the prosecution was that the witnesses witnessed the occurrence in the light of motorcycle---Admittedly, it was a night time occurrence wherein the identity of the appellant and his co-accused was highly doubtful as both the eye-witnesses claimed that they had seen the appellant abusing and thereafter making straight fire shots at the deceased with his co-accused who were armed with pistols in the light of motorcycle---As per seizure memo, motorcycle of the complainant party was taken into possession but while taking into consideration the statement of the investigating officer, it appeared that the motorcycle of the accused was lying on the road at the place of occurrence---Question arose that why the motorcycle of the accused was not taken into possession---Admitted fact on record was that the main source of light i.e. motorcycle on which the complainant and other witnesses were riding was not produced before the Trial Court during the trial---Thus, it was important to point out that when headlight of motorcycle was flashed on the face of a person, it was impossible for the eye-witnesses to see/watch the acts committed in the surroundings what to talk about witnessing the firing by three accused persons, the locale of injuries and the specification of weapons of offence---Appeal against conviction was allowed, in circumstances.

Shahid alias Shahidi vs State Ss — 2026 YLR 27 LAHORE-HIGH-COURT-LAHORE

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