“Having heard learned counsel for the parties and having gone
through the evidence on record, we note that although P.W.7 who
is first cousin and brother-in-law of Fazil deceased claims to have
seen the occurrence from a distance of 30 ft. (as given in crossexamination) and two other witnesses namely Musa and Ranjha
were also attracted to the spot but none rescued Fazil deceased and
appellant had a free hand to inflict as many as 9 injuries on his
person. The explanation given by these witnesses that since Liaqat
Ali had threatened them therefore, they could not go near Fazil
deceased to rescue him is repellant to common sense as Liaquat
Ali was not armed with a fire-arm which could have scared the witnesses away. He was a single alleged assailant and if the
witnesses were there at the spot they could have easily
overpowered him. This makes their presence at the spot doubtful.”
Part Of Judgment of
Lahore High Court
Criminal Appeal
703-J-09
| 2018 LHC 748 |
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