SHAHID HUSSAIN vs State Ss — 2022 PCrLJN 68 LAHORE-HIGH-COURT-LAHORE

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

SHAHID HUSSAIN VS State Ss. 302(b), 392, 411 & 34---Qatl-i-amd, dacoity, receiving stolen property and common intention---Appreciation of evidence---Benefit of doubt---Prosecution case was that the accused persons with common intention while trying to take away motor cycle, gold ornament, cash, mobiles and documents committed murder of the cousin of the complainant---Two witnesses claiming themselves to be the eye-witnesses of the occurrence stated in their statements before the Trial Court that they being police employees were living together in the house of occurrence---Prosecution case was that on 14.05.2013 at about 8:30 p.m. eye-witnesses along with complainant (since dead) went for having a meal in a hotel in front of their residence---In their absence deceased was alone in the room, while they were busy in taking meal, they heard shrieks coming from inside the house of occurrence, immediately they rushed to the house and found the door opened, motorcycle of deceased was parked outside the house, saw in the light of electric bulb that co-accused was giving brick blows on the head of deceased, accused caused many injuries with dagger on his person, co-accused (since P.O) also caused injuries with dagger on the person of deceased---On their information, officials of Rescue 1122 took the deceased in injured condition to the hospital---Accused also took away gold ring of the deceased, 5/6 thousand rupees and his CNIC---Scaled site plan and rough site plan of the place of occurrence did not show the houses of the eye-witnesses around the house of occurrence or their residence in the house of occurrence---Owner of the hotel had also not been produced to establish that eye-witnesses at the time of occurrence were taking their meal at night time---Officials of Rescue 1122 had also not been produced to establish that at the time of shifting the deceased from the place of occurrence, eye-witnesses were with them---Circumstances established that the prosecution had failed to prove its case against the accused beyond the shadow of doubt---Appeal against conviction was allowed, in circumstances.

SHAHID HUSSAIN vs State Ss — 2022 PCrLJN 68 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported