Perusal of the scaled and un-scaled site plans revealed that the occurrence took place on an open road--

Citation Name : 2019 YLR 2576 LAHORE-HIGH-COURT-LAHORE
Side Appellant : NOOR AHMAD
Side Opponent : State
Ss. 302(b), 324, 109, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, ABETMENT , rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Prosecution case was that the accused party while armed with deadly weapons assaulted on complainant party, made firing thereon, as a result of firing three persons died---Motive for the occurrence was stated to be previous enmity---Record showed that prosecution case revolved around the statements of three witnesses including complainant---Said witnesses also stated the motive of the occurrence---Witnesses were brothers inter se and their relationship with the deceased was also on record---During cross-examination, complainant had admitted the existence of enmity and stated that there was allegation on them that they had committed the murder of nephew of the accused and a criminal case was registered against them---Statements of said witness showed that the accused were at a distance of about 1½ karams when they were firing indiscriminately and all the witnesses and the deceased persons were face to face with the assailants at that time---Perusal of the scaled and un-scaled site plans revealed that the occurrence took place on an open road---Witnesses had stated that the common object of the accused was that no one of the family of the deceased should escape---Said three witnesses were supposed to be the prime targets of the assailants---Statement of complainant showed that it was he who had deposed against the accused persons---In fact, all the three witnesses had been vigorously pursuing the case against the accused---Said witnesses had been nominated as accused in the case relating to the murder of nephew of the accused---Said witnesses had stated that all the accused were armed with rifles and neither there was any dearth of ammunition nor of intent and opportunity---Prosecution witnesses were not fired at---One of the witnesses had admitted in his cross-examination that all the witnesses were facing the accused at the time of the firing being made by them---Record transpired that none of the said witnesses even received a single scratch on their person---Evidently, the three deceased received eighteen entry wounds on their person---If the said three witnesses had been present then they would not have been spared, as the number of injuries on the persons of the deceased showed the degree of venom and design the killers had for the deceased---Said witnesses did not depose that they were fired at during any time of the occurrence and they all were saved in the midst of firing---Blessing them with such incredible consideration and showing such favour was implausible and opposed to the natural behavior of the accused---Circumstances suggested that it was all illogical that being perceptive of the fact that if the witnesses were left alive they would depose against them, the assailants did not cause any injury to them---Circumstances showed that said witnesses were not present at the time and place of occurrence thus the evidence of said witnesses had no worth and was to be rejected outright---Complainant had submitted a written application to Police Officer, wherein the time of the occurrence was recorded as 12.00 noon whereas, as per the endorsement made by the Police Officer, said application was received at 12.00 noon, which proved that the said application was just a compromised and fake document---Circumstances established that prosecution had failed to prove its case beyond any reasonable doubt---Appeal was allowed and accused were acquitted by setting aside conviction and sentences recorded by the Trial Court.

Citation Name : 2019 YLR 2576 LAHORE-HIGH-COURT-LAHORE
Side Appellant : NOOR AHMAD
Side Opponent : State
Ss. 302(b), 324, 109, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, ABETMENT , rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Dishonest improvements in statements of witnesses---Scope---In the present case, prosecution witnesses made dishonest improvements in their statements to bring the same in line with the ocular account and attributed specific injuries with specific seat to each of the assailants---Allegedly, all the assailants were standing close to each other and so were the victims and it was humanly impossible to discern who fired the shot and whose shot hit the deceased in a situation which was reigned by dread, chaos and pandemonium---Witnesses were duly confronted and they offered no explanation except a bare denial for the improvements made by them to their former statements recorded during the investigation of the case---Said improvements impeached the character of the witnesses and made them unworthy of being trusted.