SHAHBAZ alias GILLU vs State Ss — 2022 PCrLJ 1451 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 PCrLJ 1451 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: PCRLJ
Parties: SHAHBAZ alias GILLU 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

SHAHBAZ alias GILLU VS State Ss. 302(b), 148 & 149---Qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Co-accused was acquitted on the basis of same set of evidence---Scope---Accused were charged that they in furtherance of their common object while armed with deadly weapon committed murder of the father of the complainant by firing---Record showed that the co-accused was acquitted of the charge by the Trial Court while extending benefit of doubt to him---According to the prosecution story co-accused was attributed fatal fire shot at the body of deceased but he had been acquitted by the Trial Court from the charge through the impugned judgment---Prosecution story revealed that role attributed to the accused was that he caused fire shot of Kalashnikov on the body of deceased which landed on the left side of lateral to abdomen and that was an exit wound as per opinion of Medical Officer as well as post-mortem report of the deceased---Eye-witnesses produced by the prosecution were capable of falsehood---No appeal either by the State or by the complainant against the acquittal of co-accused had been filed, as confirmed by the Deputy Prosecutor General---Admittedly, once prosecution witnesses were disbelieved with respect to a co-accused then they could not be relied upon with regard to the other accused unless they were corroborated by evidence coming from independent source and would be unimpeachable in nature but that was not available in the present case---Appeal against conviction was allowed, in circumstances.

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