MUHAMMAD IKRAM vs State S — 2022 YLR 1762 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 YLR 1762 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: YLR
Parties: MUHAMMAD IKRAM vs State S
Subject matter: Criminal
Provisions referred to: S. 302

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 IKRAM VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Presence of witnesses at the time and place of occurrence was doubtful---Scope---Accused was charged for committing murder of the son of complainant by firing---Occurrence allegedly took place at 1:30 am (night)---Complainant went to the police station and brought the machinery of law into motion through written application for registration of the case---First Information Report was registered at 04:30 a.m. (night) next day---Distance between place of occurrence and police station was just ten kilometres but FIR was got recorded after unexplained delay of three hours---Dead body of the deceased was brought to hospital at 02:45 p.m. for post-mortem examination---Delay in conducting post-mortem examination was not due to any administrative reason in the hospital rather due to delay in receiving police papers and dead body in the hospital---Police papers were not prepared till then---Such state of affairs reflected that case was not registered at the time claimed by the complainant/prosecution rather it was recorded with much delay, however, with ante-time proceedings---Neither complainant nor other cited witnesses were available at the relevant time and place of occurrence---Circumstances established that the prosecution failed to prove its case against the accused beyond shadow of doubt---Appeal was allowed and accused was acquitted by setting aside conviction and sentences recorded by the Trial Court, in circumstances.

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