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YASIR RAUF vs State Ss — 2022 PCrLJN 96 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 PCrLJN 96 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Parties
YASIR RAUF 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

YASIR RAUF VS State Ss. 302(b), 324, 337-D, 337-F(iii), 337-F(v), 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, jaifah, mutalahimah, hashimah, rioting, armed with deadly weapon, common object---Appreciation of evidence---Benefit of doubt---Dishonest improvements---Contradiction in ocular and medical evidence---Acquittal of co-accused persons---Recovery of weapon---Negative report of Forensic Laboratory---Effect---Accused along with others was alleged to have murdered the nephew of complainant and injured others---Complainant and brother of deceased while claiming themselves to be the eye-witnesses of the occurrence had stated before the police that the fire shot made by acquitted co-accused had hit on the abdomen of the deceased---Contrary to that, doctor had found the said injury to be an exit wound---Both the eye-witnesses in order to bring the case in line with the medical evidence while making dishonest improvements had stated before the Trial Court that fire shot made by said accused had hit on the back of the deceased, which had shattered their credibility---Two of the injured eye-witnesses had not nominated the accused and co-accused persons---Complainant and the State had not filed any appeal against the acquittal of co-accused persons---Same evidence could not be believed against the accused in absence of the independent corroborative piece of evidence, which was conspicuously missing in the present case---Recovery of pistol on the indication of accused in the presence of negative report of Forensic Laboratory was inconsequential---Appeal against conviction was allowed, in circumstances.

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