JAFAR vs State Ss — 2022 PCrLJ 891 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 PCrLJ 891 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: PCRLJ
Parties: JAFAR vs State Ss
Subject matter: Criminal
Provisions referred to: S. 302

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

JAFAR VS State Ss. 302, 109, 148 & 149---Qatl-i-amd, abetment, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Non-recording of conviction---Scope---Prosecution case was that the accused party made firing upon complainant party, due to which three persons died---Perusal of charge showed that the Trial Court framed the charge to the extent of three accused persons not only under S. 302, P.P.C., but also for offences under Ss. 148, 149 & 109, P.P.C.---Judgment of the Trial Court revealed that the said accused persons were convicted under S. 302(b), P.P.C., only---Trial Court did not record the conviction and sentence under Ss. 148, 149 & 109, P.P.C., against the said accused persons---Trial Court was duty bound to record the findings with reasons in respect of each offence charged in relation to each of accused persons and to follow it with an operative order of conviction or acquittal as the case may be---In the present case, the Trial Court did not record the findings of conviction or acquittal in respect of offences under Ss. 148, 149 & 109, P.P.C., as such, the Trial Court had failed to perform its legal duty---Non-recording of conviction under Ss. 148, 149 & 109, P.P.C. implied acquittal of the said accused persons from the charges mentioned above---Circumstances established that the prosecution had failed to prove its case against the accused persons beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

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