20. Perusal of the site plan, prepared on the pointation of
eyewitnesses, by the draftsman i.e. Muhammad Nasrullah (PW-2)
revealed that he (PW-2) has not properly mentioned the places from
where the eyewitnesses have seen the occurrence, and from where the
unknown assailants have fled away after causing firing on the jeep of
deceased Munir Ahmad Dogar.
The distance, from where the firing was caused by the
accused upon the deceased, is shown in the site plan was about 8 to 9
feet, but this fact was also rebutted from medical evidence as the
injuries which have been landed on the person of deceased were with blackening meaning thereby the fire was shot from the distance not
more than three feet which clearly shows that the occurrence has not
been seen from where the eyewitnesses are deposed to be seen and
creates doubts on their veracity. Even, there is strong contradiction in
between scaled site plan prepared by the Draftsman (PW-2) and rough
site plan prepared by the Investigating Officer (PW-15). As per inquest,
report prepared by the Investigating Officer (PW-15), the dead body
was lying on the road but as per the site plan, the body was in the jeep,
and the same was rolled over after being assaulted by the appellants,
and it has not been made clear that eyewitnesses brought the dead body
from the field to the road which is notable contradiction. Reliance can
be placed on the cases of Muhammad Ahmad (Mahmood Ahmed) and
another versus The State (2010 SCMR 660), Ayub Masih versus The
State (PLD 2002 Supreme Court 1038) Muhammad Akram versus
The State (2009 SCMR 230), wherein it was held that ocular evidence
would be reliable when there are neither material discrepancies nor
contradictions between ocular and medical evidence.
Part of Judgment
THE LAHORE HIGH COURT, LAHORE
Murder Reference642-10
2015 LHC 7528
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