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---Non-production of motorcycle used by alleged witnesses---Accused was charged for committing murder of the brother and nephew of the complainant by firing---Though it was claimed by the prosecution witnesses that they had gone to the place of occurrence on one motorcycle, however, during the course of the investigation as well as before the Trial Court, the said motorcycle, allegedly used by the witnesses to arrive at the place of occurrence, was not produced---Police Officer and the Investigating Officers of the case, came to the place of occurrence after the occurrence and remained at the said place for aconsiderable time---During the course of their stays at the place of occurrence, said official witnesses did not take into possession the motorcycle allegedly used bythe said prosecution witnesses to arrive at the place of occurrence, along with the other recoveries, though there was no occasion for the said motorcycle not to have been present at the place of occurrence or not being taken into possession by the Investigating Officers during their visits at the place of the occurrence, if the same was available---Said motorcycle, which was allegedly used by said witnesses to arrive at the place of occurrence, was not even produced during the entire period of investigation, nor was it produced before the Trial Court---Non-production of the motorcycle used by the prosecution witnesses to arrive at the place of occurrence and the failure of said 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 motorcycle was available---Had amotorcycle been used by the prosecution witnesses to arrive at the place of occurrence, then the same must have been available at the place of occurrence, at the time of arrival of official witnesses and the same would necessarily have been taken into possession by the Investigating Officers of the case, but it was not and it proved that a false claim was made by the prosecution witnesses that they had arrived at the place of occurrence on a motorcycle---In that manner, the prosecution witnesses failed to prove that they had indeed arrived at the place of occurrence, at the time when the same was happening---Appeal against conviction was allowed, in circumstances.

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

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