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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---Chance witnesses---Scope---Accused were charged that they along with co-accused while armed with deadly weapons committed murder of the maternal nephew of the complainant---Motive behind the occurrence was that accused were having suspicion that maternal nephew of the complainant had abducted the daughter of the accused---Admittedly, all the prosecution witnesses were closely related to the deceased---Similarly, even per crime report the witnesses reached at the place of occurrence perchance---During his cross-examination, witness admitted that he had stated the same in his statement before the Investigation Officer and he along with other witness reached at the place of occurrence per chance---Residence of eye-witness as admitted by himself during his cross-examination was situated at a distance of 6/7 kilometres from the place of occurrence---Likewise, complainant while responding to a question with regard to justification of his presence at the place of occurrence seemed confused---Allegedly, complainant and other witnesses took the victim, in injured condition, to the hospital, where after medico legal examination, he was referred to another hospital, he died there---Perusal of medico legal examination certificate transpired that victim came to hospital at 11.55 a.m. and in the relevant column of name of relative or friend, neither name of complainant nor of witnesses were written---Said fact showed that neither the complainant nor witness, closely related to the deceased, were accompanying him in the hospital after about three hours of the occurrence---Delay in patient's transportation to the hospital also reflected adverse to the presence of the eye-witnesses at the relevant time---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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