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MUSHTAQ AHMAD vs State Ss — 2022 PCrLJN 100 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 PCrLJN 100 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Parties
MUSHTAQ AHMAD 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

MUSHTAQ AHMAD VS State Ss. 302(b), 109, 148 & 149---Qatl-i-amd, abetment, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Presence of eye-witnesses at the spot was doubtful---Effect---Accused were charged for committing murder of son of complainant---Ocular account consisted of complainant and another witness---Presence of both the said witnesses on the spot at the time of incident was doubtful as they allegedly saw the incident from a close distance but court failed to understand that in the presence of said witnesses, who were closely related to the deceased, such a tragedy with the deceased could happen without any intervention on their part to rescue the deceased---Story of prosecution qua arrival of accused persons on the shop of son of complainant and thereafter going towards the fields where deceased was irrigating the paddy crop was highly improbable and did not appeal to prudent mind---Conduct of both the witnesses of ocular account qua following the accused persons for a distance of 2/3 miles without giving any information to the police was also highly questionable---Inordinate delay in the FIR also casted doubt about their presence on the spot at the time of incident---Prosecution case was that soon after the incident the complainant's side took deceased in injured condition to Hospital from where he was referred to DHQ Hospital and because of his precarious condition he was further referred to another Hospital and on the way to that Hospital, he succumbed to the injuries but no Medico-Legal Certificate of the injured issued by the said hospitals was produced by the prosecution during the trial---Circumstances established that the prosecution failed to discharge its responsibility of proving the case against the accused---Appeal against conviction was allowed, in circumstances.

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