Zahoor Hussain vs State Ss — 2026 YLR 293 LAHORE-HIGH-COURT-LAHORE

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Zahoor Hussain VS State Ss. 302(b) & 109---Qatl-i-amd, abetment---Appreciation of evidence---Benefit of doubt---Night time occurrence---Source of light not proved---Accused was charged for committing murder of the brother and nephew of the complainant by firing---Eye-witnesses claimed that they had identified the accused with the help of the light of the motorcycle which they were riding upon when the occurrence took place and otherwise it was dark at the time of the occurrence---Despite admitting that the occurrence had taken place when it was dark, still the source of light, the bulb of the motorcycle, which allowed the witnesses to observe the occurrence, was not produced---During the course of the investigation and even before the Trial Court, the motorcycle used by the prosecution witnesses to get to the place of occurrence and also used as a source light to witness theoccurrence, was not produced, therefore, it could not be claimed that the said witnesses had witnessed the occurrence in the light of the said motorcycle---Non-production of any light source, available and lit at the place of occurrence, at thetime of occurrence and the failure of the witnesses as well as the Investigating Officers of the case to produce the same before the Trial Court led to only one conclusion and that being that no such source of light was available with the witnesses or available at the place of occurrence which could have enabled the eye-witnesses to have identified the assailant and also spectate the role of the assailant as acted by him during the occurrence---Absence of any light source had put the whole prosecution case in the murk---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 assailant could not be relied upon---Failure of the prosecution witnesses to prove the presence of any light source at the place of occurrence, at the time of occurrence, had repercussions, entailing the failure of the prosecution case---Appeal against conviction was allowed, in circumstances.

Zahoor Hussain vs State Ss — 2026 YLR 293 LAHORE-HIGH-COURT-LAHORE

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