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

Case information

Citation: 2022 YLR 1257 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: YLR
Parties: KHIZER ABBAS 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

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---Motive was not proved--- Scope--- Accused were charged for committing murder of the brother of complainant---Dispute on purchase of land by the deceased which the accused wanted to purchase, was the motive behind the alleged occurrence---First altercation between accused and deceased took place on the very day of occurrence---Witnesses during cross examination stated that deceased purchased land measuring 2-acres 2½ years prior to the occurrence---Admittedly, both the parties were living for the last five to six years in nearby houses situated in front of each other and no quarrel took place over such motive ever---No civil suit was instituted by the accused against seller of land or the complainant or witnesses regarding said land---During that period accused did not attempt to take possession of said land---Even prosecution had not produced proof of purchase of such land before the police nor produced its seller as witness to the motive---All that showed that prosecution had come up with very week motive and that too proofless which had no bearing or contribution in augmenting the cause against the accused---Circumstances established that the prosecution failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances.

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