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---Medical evidence contradicting prosecution case---accused-petitioners were charged for causing injuries to complainant---Medical evidence in this case was furnished by Medical Officer who while appearing before the Trial Court deposed on different footing about the allegation levelled by the two eye-witnesses by stating that on 19.04.2009 at about 9:30 a.m., he medically examined "Ma", whereas the injured-complainant in the instant case was "aM"---Name of complainant as per FIR was "Ma" who was almost 70 years old at the time of occurrence but it was crystal clear from the evidence of Medical Officer that he conducted medical examination of "Ma" who was aged about 30 years---In the light of glaring contradiction in the statement of Medical Officer and the medical examination who referred the Medico-Legal Certificate as 234/09 instead of 224/09 on the basis of which FIR was registered, the same could not be read as Medico-Legal Certificate of "Ma" to whom both the petitioners were held responsible for causing injuries---In such a way, the medical evidence brought on record was of no help to the prosecution case---Evident from the scrutiny of record that initially the charge against the accused was framed by the Trial Court on 14.07.2009 wherein instead of "Ma" (complainant) the role of sustaining injury was attributed to "Ma" who was alien to the case of prosecution---When the charge was framed on 02.05.2013, no name of complainant was mentioned in order to clarify that in fact "Ma" had sustained injuries at the hands of accused---Furthermore, as per Medico-Legal Certificate, Police Constable brought "Ma" for his medical legal examination but said Police Official was neither cited as witness nor entered appeared before the Trial Court---Revision petition against conviction was allowed, in circumstances.

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

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