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SANA ULLAH vs State S — 2022 PCrLJ 1121 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 PCrLJ 1121 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
PCRLJ
Parties
SANA ULLAH 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

SANA ULLAH VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Delayed FIR---Chance witness---Un-natural conduct---Scope---Accused was alleged to have thrown the deceased in a canal within the presence of later's mother and uncle---First Information Report was lodged with a delay of eleven hours and five minutes---Presence of witnesses on the spot at the relevant time was doubtful in nature because had they been present on the spot they would have tried to rescue the deceased or to catch hold of the accused---Story cooked up by the prosecution was improbable and did not appeal to a prudent mind---Complainant (mother of deceased) was a chance witness---No convincing or plausible reason was assigned by her for her presence at the place of occurrence---No motive was set out in the FIR or stated before the Trial Court---During the course of investigation, nothing was recovered at the instance of the accused---Appeal was allowed, conviction and sentence awarded to the accused was set aside and he was acquitted to the charge, in circumstances.

Other judgments reported in 2022 PCRLJ

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