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MUHAMMAD TARIQ vs State Ss — 2022 PCrLJN 94 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 PCrLJN 94 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Parties
MUHAMMAD TARIQ 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 TARIQ VS State Ss. 302(b), 109, 148 & 149---Qatl-i-amd, abetment, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Ocular account discrepant with medical evidence---Scope---Accused were charged that they along with co-accused while armed with deadly weapons committed murder of the maternal nephew of the complainant---Revenue Patwari/witness stated that the accused caused injury to the deceased from a distance of about one Karam---Eye-witness during his cross-examination also stated that first and second fires were shot on the deceased from the distance of 2/3 feet, however, the Medical Officer, during his cross-examination, stated that no blackening, burning or charring was present on any of the entry wound, which was suggestive of the fact that fire was made from a considerable distance---Said fact led to hold that the ocular account was discrepant with the medical evidence---Circumstances established that the prosecution failed to prove its case against the accuse beyond the shadow of reasonable doubt---Appeal against conviction was allowed, in circumstances.

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