TANVEER ABBAS vs State Ss — 2022 MLD 1636 LAHORE-HIGH-COURT-LAHORE

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TANVEER ABBAS VS State Ss.302(b), 364, 201, 404, 148 & 149---Qatl-i-amd, kidnapping or abduction in order to murder, causing disappearance of evidence of offence or giving false information to screen offender, dishonest misappropriation of property possessed by deceased person at the time of his death, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Recovery of dead body at the instance of accused---Scope---Accused were charged for abducting brother of complainant with an intention of his qatl-i-amd and after his murder, accused persons had screened the dead body---Official witness stated in his examination-in-chief that accused, proclaimed offender and co-accused led to the recovery of dead body---Undoubtedly, that statement was in full contrast to the account of complainant---Declaration of Investigating Officer was entirely different who was never of the view that accused or his co-accused got recovered the dead body, even in his cross-examination, there was nothing to suggest that, if the dead body was recovered either at the instance of accused or any of his co-accused---Identification memos prepared by the Investigating Officer did not indicate with clarity that accused or his co-accused after disclosure led the police party to the Canal and got recovered dead body---All the said documents at the most showed that either the place of murder or the venue of canal was pointed by accused and his co-accused---Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable doubt---Appeal was allowed and accused was acquitted by setting aside the convictions and sentences recorded by the Trial Court.

TANVEER ABBAS vs State Ss — 2022 MLD 1636 LAHORE-HIGH-COURT-LAHORE

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