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

Case information

Citation: 2022 MLD 1636 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: MLD
Parties: TANVEER ABBAS 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

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---Circumstantial evidence---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---Statement of prosecution witness was found under heavy smoke of doubts---Said witness claimed that at midnight he had seen that co-accused was handing over a 'Kassi' and jute bag to accused---Said fact appeared that such evidence had been introduced with a specific purpose to give a strength to the extra-judicial confession; where it was stated that accused had gone to co-accused for taking 'Kassi' and jute bag and it was used to move the dead body to Canal---If, said person had witnessed what he stated and he told that fact to complainant as responded in cross-examination, the complainant was supposed to disclose that important fact while reporting the matter to police so on that reason alone statement of said witness was of no consequence for the prosecution---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.

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