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MUHAMMAD ARIF vs State Ss — 2022 PCrLJN 106 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 PCrLJN 106 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Parties
MUHAMMAD ARIF 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

MUHAMMAD ARIF VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Ocular account and medical evidence---Conflict---Accused was charged that he along with co-accused committed murder of the brother of the complainant---Motive behind the occurrence was that the deceased caught red handed the accused while committing theft and gave him beating, due to that grudge, the accused along with his co-accused in consultation with each other committed the murder of the deceased---Ocular account in the case had been furnished before the Trial Court by complainant and another eye-witness, who were closely related to the deceased being his brother and brother-in-law (bhenoi) respectively---Medical evidence in respect of the deceased had contradicted the ocular account as in the FIR, it was mentioned by the complainant that the accused made consecutive fires, which landed on the front of chest, abdomen and left thigh of deceased---Same was the version of eye-witnesses before the Trial Court---Medical Officer conducted post-mortem examination of the dead body of deceased and observed six injuries on the body of the deceased and out of them four injuries were caused by firearm weapons---No injury on the front chest of deceased, as claimed by the witnesses of ocular account, was pointed out by the said Medical Officer or shown in the post-mortem report of the deceased rather the same was shown an exist wound---Some injuries on the body of the deceased as observed by Medical Officer in the post-mortem examination had not been explained in the FIR or before Trial Court---Said conflict between ocular and medical evidence was not ignorable rather shattered the credibility of eye-witnesses and created doubt in the prosecution story---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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