ZAHID RASOOL vs State Ss — 2022 YLR 1725 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 YLR 1725 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: YLR
Parties: ZAHID RASOOL 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

ZAHID RASOOL VS State Ss. 302(b) & 34---Qatl-i-amd common intention--- Appreciation of evidence---Benefit of doubt--- Presence of eye-witnesses at the place and time of occurrence was doubtful---Scope---Accused were charged for committing murder of the brother of the complainant by firing---Record showed that the presence of the eye-witnesses at the place and time of occurrence was doubtful as their names did not find mention in the inquest report either in column No.4 or column No.24---Despite their acclaimed presence, the dead body was escorted to mortuary by Police Constable---Statement of the Medical Officer further suggested that the dead body was shifted to mortuary from Police Station, which belied the stand of the eye-witnesses that the dead body was shifted to mortuary from the place of occurrence---Investigating Officer disclosed in the cross examination that a motorcycle rickshaw driver was the first person who made a phone call to Emergency Rescue Service---Investigating Officer also admitted during the cross-examination that as per his investigation, the complainant and eye-witnesses were not present at the place and time of occurrence---Circumstances established that the prosecution failed to prove its case against the accused persons beyond reasonable shadow of doubt---Appeal against conviction was allowed, in circumstances.

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