UMER ZAIB vs State S — 2022 MLD 193 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 MLD 193 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: MLD
Parties: UMER ZAIB vs State S
Subject matter: Criminal
Provisions referred to: S. 302

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

UMER ZAIB VS State S.302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Presence of eye-witnesses at the spot was doubted---Scope---Accused was charged for committing murder of the wife of complainant by inflicting churri blows---None of the said closely related witnesses of the deceased dared to physically intervene in order to save the victim or apprehend the accused at the spot---Prosecution had no explanation as to why both the witnesses of the occurrence preferred to be lame ducks at the time of occurrence and did not make any resistance, whatsoever, particularly when the assailant was not equipped with any firearm tool or lethal weapon---Passive conduct of said eye-witnesses by not making any resistance or rescuing the deceased or letting the accused escape unhurt was a query which begged for explanation---Claim of alleged eye-witnesses that they had witnessed the tragedy with their own eyes was bristling with doubts from whatever angle it was looked and was creating a serious doubt with regard to their presence at the crime scene at the relevant time---Another intriguing aspect of the case badly shattering the presence of alleged eye-witnesses at the crime spot at relevant time was that according to Lady Medical Officer as well as inquest report, the eyes and mouth of the deceased were opened with her teeth exposed, meaning thereby, that deceased remained unattended for quite some time after the occurrence---Circumstances established that the prosecution remained unable to prove the alleged guilt of the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

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