BILAL AHMAD vs State Ss — 2022 MLD 1577 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 MLD 1577 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: MLD
Parties: BILAL AHMAD vs State Ss
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

BILAL AHMAD VS State Ss.302(b) & 34---Qanun-e-Shahadat (10 of 1984), Art. 46---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Dying declaration---Scope---Accused was charged for committing murder of the deceased by inflicting churri blows---Motive was that the deceased separated the electricity meter from the accused, due to which he was angry and committed the offence---Ocular account of the incident had been furnished by two eyewitnesses---Version of both the eye-witnesses before they attended the witness box in Trial Court was about five accused including accused---When statement of deceased was recorded, while he was in injured condition, he did not state presence of any other person except accused and he was silent about the presence of any eye-witness also---Alleged dying declaration therefore was factually incorrect and in conflict with the story setup in FIR by complainant---Dying declaration on the face of it appeared to be doubtful because after it was completed, a sufficient space was left where incomplete thumb impression of injured than deceased had been shown and it made no difficulty to say that his thumb impression was obtained on a blank paper---Circumstances established that the prosecution had failed to prove its case beyond shadow of doubt---Appeal against conviction was allowed, in circumstances.

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