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---Contradictions and discrepancies in the ocular account---Accused were charged for committing murder of the mother of complainant by firing---Occurrence took place at an unpaved/rough road (kham rasta) in adeserted area---On both sides of the road, there were agricultural fields and no residential house, shop, bus stop, petrol pump or any other building had been shown at the spot---Both the eye-witnesses simply stated in their statements before the police, as well as, in their statements recorded by the Trial Court that on the day of occurrence, they were returning back while riding on amotorcycle from the under construction house of the complainant whereas deceased was walking ahead of them---During the investigation, Investigating Officer in his cross-examination admitted that neither he visited the place of under construction house as mentioned in the FIR nor held investigation on the point that whether any under constructed house as mentioned in the FIR existed or not---Investigating Officer further admitted that he did not visit the place of under constructed house in order to fortify the stance of complainant party---Witnesses also failed to bring on record any evidence about their departure from the under constructed house---Said contradictions and discrepancies in the ocular account of the eye-witnesses could not be discarded---Such contradictions had diluted the story of the prosecution, whose case rested on the statements of eye-witnesses, who all were closely related to the deceased---Actually no one else was present at the place of occurrence---Allegedly, third eye-witness was present at the time and place of occurrence but the prosecution did not produce him as a witness rather he was given up as unnecessary---Two unknown accused persons who were also attributed same role to that of the appellant of causing fire arm injuries to the deceased had not come on surface during investigation or during trial and in this way story narrated by the complainant party had also been found false---Appeal against conviction was allowed, in circumstances.

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

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