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---Ocular account not proved---Scope---Accused were charged that they in furtherance their common object while armed with deadly weapon committed murder of the father of the complainant by firing---Ocular account of the incident in issue had been furnished by complainant and other witness as they were son and brother of the deceased, respectively---Said witnesses were residents of the same house where the deceased was residing---Evidence of said witnesses was not worthy of reliance on the ground that they had made false statement against the accused in order to wider the net because there was only one fire shot injury on the person of deceased---Both the witnesses with mala fide intention had ascribed the one injury to the accused which was an exit wound---Said fact indicated that they were not present at the time and place of occurrence---Said facts clearly demonstrated that both the witnesses were not truthful witnesses, thus, their present at the place of occurrence was highly doubtful and not believable---Witnesses were inimical towards accused due to the previous criminal litigation and were closely related to the deceased---Evidence of said witnesses was discarded---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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