KHIZER ABBAS vs State Ss — 2022 YLR 1257 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.

KHIZER ABBAS VS State Ss. 302(b), 148 & 149---Qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Medical evidence was not found supportive to the ocular account---Scope---Accused were charged for committing murder of the brother of complainant---Medical Officer gave his final opinion that most probably the case was that of throttling---Observation of Medical Officer if on one side was considered that death was caused due to throttling then some symptoms on the face, nose, lips or around the neck should have appeared to support the case of throttling---Throttling, in some cases left apparent marks of violence yet in such cases the death should have been occurred immediately due to closure of windpipe---Complainant had stated that when they took the deceased he was alive but unconscious and on their way to hospital, he died after 20-25 minutes of the occurrence which showed that it was not a case of death due to immediate loss of breath---Investigating Officer had not observed any signs of struggle at the place of occurrence---Deceased was a healthy man of 40-years while witnesses too were present---Even draftsman who prepared scaled site plan did not depose anything about that fact---Accused was giving fist blows on the chest of deceased, yet Medical Officer had observed no injury and marks of violence on chest of the deceased---Accused remained pressing the throat for 6/7 minutes, yet Investigating Officer did not bother to lift the finger prints on the neck of the deceased nor the Medical Officer had performed that function, therefore, prosecution case remained shrouded in mystery and actual facts could not be surfaced to light---Said references showed that in case of throttling there must be some signs or marks of violence around the neck otherwise, it could be suspected that asphyxia was due to some other reasons like internal diseases---Medical evidence was not found supportive to ocular account---Circumstances established that the prosecution failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances.

KHIZER ABBAS vs State Ss — 2022 YLR 1257 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2022 YLR