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ALAM KHAN vs State Ss — 2022 PCrLJ 338 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 PCrLJ 338 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
PCRLJ
Parties
ALAM KHAN 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

ALAM KHAN VS State Ss. 302(b), 392 & 34---Qatl-i-amd, robbery, common intention---Appreciation of evidence---Benefit of doubt---Presence of witnesses at the spot was doubtful---Chance witnesses---Scope---Accused were charged for murdering the uncle of complainant by firing while committing robbery---Eye-witnesses had not given any plausible reasoning about their availability at the shop of deceased---Similarly eye-witnesses had narrated in the cross-examination that accused persons did not search them so a question arose if the accused had come to commit dacoity why they left the eye-witnesses unsearched---Accused had nothing to prevent them from doing so, thus, the presence of eye-witnesses at the place of occurrence was highly doubtful and not believable---All the said facts clearly demonstrated that eye-witnesses were chance witnesses---Said witnesses were closely related to the deceased as complainant was nephew, whereas, other eye-witness was a cousin of deceased, hence, their evidence was discarded---Circumstances established that the prosecution had miserably failed to prove its case against the accused persons beyond any shadow of doubt--- Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2022 PCRLJ

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