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Criminal Procedure Code (V of 1898), Ss. 161 & 342 - Lawyers of Pakistan

Criminal Procedure Code (V of 1898), Ss. 161 & 342

Citation Name : 2019 YLR 2547 LAHORE-HIGH-COURT-LAHORE
Side Appellant : ZEESHAN alias SANI
Side Opponent : State
S. 302(c)---Criminal Procedure Code (V of 1898), Ss. 161 & 342---Qanun-e-Shahadat (10 of 1984), Art. 46---Qatl-i-amd---Examination of witnesses by police---Examination of accused---Plea of self -defence ---Appreciation of evidence---Dying declaration---Scope---Witness, a close friend of deceased---Unnatural conduct of witnesses---Scope---Accused was charged for committing murder and injuring others---Trial Court had convicted the accused under S. 302(c), P.P.C. by holding that he had acted in exercise of his right of self -defence but exceeded the same---Father of deceased, while reporting the crime, had stated that his son had gone with two persons on motorcycle and he after their departure had followed them on another motorcycle with two persons---Complainant had allegedly seen the accused stabbing his son---Prosecution relied on statement of deceased recorded under S. 161, Cr.P.C. at the time when he was being shifted to the hospital---Doctor, in his statement before Trial Court, had explained that the condition of injured was critical and had also not confirmed that certificate on request of Investigating Officer was issued by him to the effect that injured was in a position to make statement before Investigating Officer---Facts showed that attempt was made by prosecution to improve its case by introducing statement of deceased in the form of dying declaration, which, in the circumstances, was un-reliable---Testimony of close friend of deceased was not reliable---Accused had alleged that the deceased was used to tease him for committing sodomy---Accused had, out of fear, started keeping a knife with him to save his honour---Accused, at the time of occurrence, was alone when complainant party came and forced him---Accused had in that situation, in exercise of his self -defence , caused injuries---Presence of complainant at the place of occurrence was highly doubtful as such his testimony was not worth reliance---Complainant party was consisted of six persons and in their presence accused could not have left the place of occurrence---Statements of witnesses clearly showed that they had concealed true facts of the case---Occurrence had not taken place in the mode and manner stated by the witnesses---Prosecution evidence was found un-reliable---Conviction could not be based upon statement of accused as it was to be believed or rejected in toto---Conviction recorded by Trial Court under S. 302(c), P.P.C. was not warranted---Accused was acquitted from all the charges, in circumstances.


Citation Name : 2019 PCrLJ 1475 LAHORE-HIGH-COURT-LAHORE
Side Appellant : IRSHAD AHMAD
Side Opponent : State
Art. 150---Question by party to his own witness---Hostile witness---Scope---Petitioner assailed order of Trial Court whereby it declined to declare the Investigating Officer as hostile witness---Validity---Investigating Officer had only narrated facts which he had come to know during investigation and did not add a word to that, in his examination-in-chief---Complainant, his counsel and Public Prosecutor were fully aware of the investigation conducted by Investigating Officer and it was in their knowledge that he would depose in support of his investigation, no matter it was in support of prosecution or of defence ---Inspite of having knowledge regarding said facts, prosecution opted to examine him as its witness in the trial---No improvement, deviation, accumulation or suppression of material facts was visible in the statement of Investigating officer---Investigation was never challenged by the complainant before any forum so much so prosecution itself summoned the said witness---Revision petition was dismissed, in circumstances.

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