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ALI RAZA vs State Ss — 2022 PCrLJN 21 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 PCrLJN 21 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Parties
ALI RAZA 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

ALI RAZA VS State Ss. 302(b) & 34---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, common intention---Appreciation of evidence---Withholding material evidence---Scope---Accused was charged for committing murder of the son of complainant by firing---Eye-witnesses of the incident were the star prosecution witnesses, whose evidence was of foremost significance to arrive at the just and fair conclusion of the case, however, neither their presence was shown in the scaled sketch nor the prosecution got them examined during trial rather they were given up being unnecessary---If any party withheld the best piece of evidence, then it could fairly be presumed that such party had some sinister motive behind the same---Impression, in circumstances, would be that had such witnesses been produced into witness box, they might have not supported the prosecution case---Circumstances established that the prosecution case was not free from doubt, benefit of which would resolve in favour of accused---Appeal against conviction was allowed, in circumstances.

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