Muhammad Iqbal vs State Ss — 2026 YLR 458 LAHORE-HIGH-COURT-LAHORE

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Muhammad Iqbal VS State Ss. 337-a(ii), 337-F(ii), 148 & 149---Causing shajjah-i-mudihah, ghayr-jaifah badi'ah, rioting armed with deadly weapons, unlawful assembly---Benefit of doubt---Ocular account not proved---accused-petitioners were charged for causing injuries to complainant---Ocular account furnished by two witnesses---Earlier statement of one of the witnesses was got recorded through local commission on 07.04.2011 whereby he categorically deposed that he was not present at the relevant time and when the fight was finished, he reached at the spot---Said witness also showed ignorance that who inflicted injury and upon whom---During cross-examination, said witness deposed that complainant's son brought him to the Court for giving evidence against accused---Evidence of said witness was discarded by Trial Court because firstly while appearing in witness box on 07.04.2011 he claimed to be not an eye-witness of the occurrence---Though on 22.01.2013 said witness again appeared in the witness box and supported the prosecution case, however as he spoke in two controversial tunes, so his evidence was rightly discarded by the Trial Court---as regards other eye-witness, it was observed that he while appearing before the Trial Court stated that he accompanied the injured to the hospital but his name was not mentioned in the relevant police papers in proof of such version---During cross-examination, said witness also stated that they took the injured in a van to the hospital along with 10/12 persons of the family---Said stance too was not mentioned in any statement of the witness recorded under S.161, Cr.P.C. and no particulars of the vehicle like make, model or registration number was mentioned through which the injured was shifted to the hospital for medical treatment---In such circumstances, said witness made dishonest improvement just in order to give some weight to the frail prosecution case---Said improvement made by said witness rendered him unworthy of any credence---Revision petition against conviction was allowed, in circumstances.

Muhammad Iqbal vs State Ss — 2026 YLR 458 LAHORE-HIGH-COURT-LAHORE

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