Case Details

Citation(s)
2018 SLG 3094 2018 SLD 3094 2018 YLR 89
Lahore High Court
Criminal Appeal No. 520-J, Criminal P.S.L.A. No. 43 and Murder Reference No. 73 of 2013, decision & hearing Dated: 08-03-2017.
QAZI MUHAMMAD AMIN AHMED, JUSTICE RAJA SHAHID MEHMOOD ABBASI, JUSTICE
Petitioner(s) by: Basharat Ullah Khan
Respondent(s) by: Muhammad Usman Mirza, Deputy Prosecutor General, Punjab with Zulfiqar, Inspector

SHAHZAD HUSSAIN AND 2 OTHERS

VS

THE STATE AND ANOTHER

Law: Pakistan Penal Code, 1860

Section: 34,302

Penal Code (XLV of 1860)--- ----Ss. 302 & 34--Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Prosecution case was that accused party armed with firearms assaulted on complainant party, as a result of which, two persons were murdered and four injured---Motive for the crime was enmity on account of murder of brother of proclaimed offender---Ocular account was furnished by injured witnesses including complainant---Prosecution alleged the convergence of accused-appellants along with their co-accused in two groups at the crime scene---Allegedly three accused were present at the scene whereas the accused-appellants along with remaining accused joined them at the venue soon after the deceased and the injured were de-boarded the vehicle---Seemingly, there was no apparent reason to contrive the alleged strategy of assault as it was humanly not possible for both groups of assailants, located differently, to anticipate arrival of the deceased and the injured at the place, they coordinated the attack---Joint encounter to confront them was a more feasible and surer method to carry out the task---Record showed that complainant had deviated from his initial stance and had acknowledged his statement recorded before the police and his signature in token of its correctness and admitted that it was read-over to him before he signed the same---Complainant had alleged that omissions and interpolations in his statement were made by the Investigating Officer under political influence in a belatedly instituted private complaint---Complainant, in the private complaint, not only accused the Investigating officer as having sided the accused but also diametrically changed the role played by proclaimed offender whom he had earlier assigned fire shots to injured witness with butt blows---Complainant had attempted to bring his narrative in line with medical evidence substituted blunt weapons injuries instead of fire shot wounds earlier mentioned in the crime report---Complainant had involved two persons during investigation with the version that they had committed the murder but they were not named in the crime report---Three accused named by complainant who…
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