NASIR ABBAS vs State Ss — 2022 PCrLJ 109 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 PCrLJ 109 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: PCRLJ
Parties: NASIR 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

NASIR ABBAS VS State Ss. 302, 324, 34, 337-F(i), 337-F(v) & 440---Qatl-i-amd, attempt to commit qatl-i-amd, common intention, shajjah-i-khafifah, ghayr-jaifah, mischief committed after preparation made for causing death or hurt---Appreciation of evidence---Benefit of doubt---Motive was not proved---Scope---Prosecution case was that the accused party made firing upon complainant party, due to which one person died, while other received severe injuries---Motive behind the occurrence was that accused had a grudge against deceased and injured that they had arranged engagement of their brother with his sister---First Information Report as well as in their statements of the witnesses showed that they failed to even give the name of said girl---Complainant had admitted in his cross-examination that he had not produced any Shaadi card during the investigation before the Investigating Officer---Complainant also described in his cross-examination that prior to the occurrence, engagement took place between brother of deceased and sister of accused one year earlier---Earlier to the occurrence, both the families were having cordial relation---Engagement ceremony was celebrated according to the custom of the area and jewellery was exchanged between both the parties---Trial Court had already found the motive part flimsy one---Prosecution, in circumstances had failed to prove motive part against the accused---Circumstances established that the prosecution had failed to prove its case against the accused persons beyond any shadow of doubt--- Appeal against conviction was allowed, in circumstances.

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