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ABID HUSSAIN vs State Ss — 2022 PCrLJN 110 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 PCrLJN 110 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Parties
ABID HUSSAIN 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

ABID HUSSAIN VS State Ss. 302(b), 382 & 411---Qatl-i-amd, theft after preparation for committing murder or hurt, receiving stolen property---Appreciation of evidence---Chance witnesses---Scope---Accused was charged for committing murder of the sister of complainant by cutting her throat, accused also took away three gold ear rings and two nose rings of the deceased---Ocular account in the case had been furnished before the Trial Court by complainant and a witness, who were closely related to the deceased being her brother and maternal cousin respectively and were chance witnesses because they were neither residents of the place of occurrence nor had any place of business over there---Both the eye-witnesses were residents of the same Chak but as stated by the complainant in cross-examination, the place of occurrence was situated at a distance of one kilometre---As per complainant, the place of occurrence was situated on the baseline, which was deserted and zigzag, where robbery and dacoity occurrences usually took place---Eye-witnesses had statedly seen the occurrence when they were in search of the deceased---If the accused had to murder the deceased, then he did not have to wait for arrival of the said witnesses for cutting throat of the deceased---Despite their claimed presence at the scene of crime at relevant time, the said eye-witnesses had not tried to stop or catch hold of the accused who was not armed with any firearm to ward the said witnesses off or to keep them away---Eye-witnesses at trial had failed to establish their presence on the place of occurrence at relevant time---Circumstances established that the prosecution could not prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

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