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SARDAR KHAN vs State Ss — 2022 PCrLJN 127 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 PCrLJN 127 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Parties
SARDAR 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

SARDAR KHAN VS State Ss. 302(b), 148 & 149---Qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Accused and co-accused having similar roles---Accused were charged for committing murder of the brother of the complainant by firing---Motive behind the occurrence was that son of accused was injured in a roadside accident, who subsequently died, due to that grudge, the accused persons committed the murder---Statement of the Medical Officer reflected that injuries ascribed to the accused and acquitted co-accused were found present on the dead body---Admittedly, the occurrence took place in broad daylight and the parties were previously known to each other---Co-accused, who was attributed injury below the neck of deceased was acquitted of the charge by the Trial Court---During the course of arguments Deputy Prosecutor General confirmed that there was no appeal against his acquittal---Admittedly role of co-accused was identical to that of the present accused---Opinion of the Medical Officer was that after post-mortem examination, both injuries (one injury was attributed to the accused and the other was ascribed to co-accused) were grievous and sufficient to cause death individually and collectively---Non-challenging the acquittal recorded in favour of co-accused, in the said circumstances, created serious doubt qua the sanctity of the prosecution witnesses---If a set of witnesses was disbelieved to the extent of some accused, it could not be believed to the extent of rest of the accused facing the same trial without their being any independent and strong corroboration---Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable doubt---Appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court.

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