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--- Delay of about two hours and forty minutes in lodging the FIR---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---Motive behind the occurrence was that the accused persons wanted to compel complainant party for compromise in murder case of cousin of complainant which was registered against the acquitted accused and present accused and on their denial, the occurrence took place---As per contents of FIR, the alleged incident qua murder of father of the complainant took place at 09:50 p.m.---Matter was reported to the police at 12:30 a.m. about two hours and forty minutes after the incident---Distance between police station and the place of occurrence was nine kilometres---No plausible explanation for the said delay had been brought on record---While appearing before the Trial Court the prosecution witnesses did not utter even a single word about the said delay---Said delay in setting the machinery of law into motion spoke volumes against the veracity of prosecution version---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt--- Appeal against conviction was allowed, in circumstances.

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