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IQRAR HUSSAIN versus THE STATE


The names of the witnesses of the Pakistan Penal Code section 302 (b) / 148/452/149 were not listed in the FIR, but their name was added after the eighteen day incident by the complainant's supplementary statement. However, there was no clear record as to how and when the complainant found out about the appellant's identity, the statements of the two witnesses (father and wife of the deceased) prevented the entire prosecution case. Such witnesses are interested because their hostility with the accused party was established, requiring a strong focus to rely on. Statements for such witnesses were filed within one hour of the FIR occurring. In his statement, the complainant (eyewitness) admitted that on the basis of which the FIR was lodged, after that incident his name was summoned by a lawyer from another lawyer. The authenticity of the FIR was suspected and shook the credibility of the Medical Evidence Prosecution case related to the injuries to the arm. Unmatched weapons are not safe to rely on statements of interesting eyewitnesses, in which case the accused was entitled to the benefit of the doubt. The High Court accepted the accused's appeal and set aside his conviction and sentence.

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