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MUHAMMAD SAJID vs State Ss — 2022 PCrLJ 1334 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 PCrLJ 1334 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
PCRLJ
Parties
MUHAMMAD SAJID 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

MUHAMMAD SAJID VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Chance witnesses---Scope---Accused was charged that he along with co-accused committed murder of the daughter of complainant---Admittedly, complainant had not seen the incident and her testimony was based on hearsay evidence, therefore, the same was excluded from consideration---Ocular account in the case consisted of two witnesses, who were related to the deceased being her maternal cousin and paternal uncle respectively and were chance witnesses because they were neither residents of the place of occurrence nor had any place of business over there---Case of prosecution, in the FIR as well as before the Trial Court, was that the occurrence took place in the house of accused at odd hours of night and at the time of incident said witnesses were present there but none of them tried to capture the accused---Had said witnesses been present at the spot, they could have easily overpowered the accused because it was not the case of the prosecution that at the time of incident, accused was armed with any firearm---No convincing or plausible reason was assigned by witnesses for their presence at the place of occurrence---Eye-witnesses had failed to establish their presence on the place of occurrence at relevant time---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2022 PCRLJ

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