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---Statement of injured witness---Scope---Prosecution case was that the accused party made firing upon complainant party, due to which one person died, while other received severe injuries---Much stress had been laid on the statement of one injured eye witness who acclaimed to have received firearm injuries during the occurrence---Prosecution had pressed hard that injuries on the person of said witness were conclusive proof of their presence at the spot, thus, his testimony was destined to be accepted, even without scrutinizing it on the touch stone of corroboration---Firearm injuries were present on the person of injured indicating his presence at the spot, however it was not a conclusive proof of what he deposed before the Court was true---Medical evidence also belied the ocular account in the case---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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