ABDUL MAJEED alias CHEETA vs State Ss — 2022 YLR 587 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 YLR 587 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: YLR
Parties: ABDUL MAJEED alias CHEETA 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

ABDUL MAJEED alias CHEETA VS State Ss. 302(b), 394 & 34---Qatl-i-amd, robbery, common intention---Appreciation of evidence---Benefit of doubt---Night time occurrence---Source of light---Scope---Accused was charged that he along with co-accused tried to snatch motorbike from the complainant party, on resistance, accused party made firing upon them, due to which one person died and two persons sustained injuries---Occurrence took place at 7:00 p.m. in December, meaning thereby that the occurrence took place in the darkness and that fact was also admitted by witnesses that occurrence took place after the Maghrib time---Neither in the FIR nor in the site plan, source of light had been described---Investigating Officer had not taken into possession any source of light---Prosecution failed to establish the fact of such availability of light source and in absence of their inability to do so, the existence of such a light source could not be presumed---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal was allowed and accused was acquitted by setting aside the convictions and sentences recorded by the Trial Court.

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