ASIF SHAHZAD vs State Ss — 2022 YLR 669 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.

ASIF SHAHZAD VS State Ss. 302, 325, 449 & 460---Qatl-i-amd, attempt to commit suicide, house-trespass in order to commit offence punishable with death, person jointly concerned in lurking house-trespass or house-breaking by night---Appreciation of evidence---No justification for the presence of witnesses at the spot---Chance witnesses---Scope---Accused was charged for committing murder of the daughter of complainant and also trying to commit suicide by firing---Record showed that deceased was married and she had strained relations with her husband---In the FIR as well as before the Trial Court it was the case of complainant that she along with other witnesses went to the house of her daughter/deceased in order to see her where the incident took place but the Investigating Officer had stated in his cross-examination that the house where the occurrence took place was owned by some other person and the same had been obtained on rent by accused---Both the witnesses of ocular account were chance witnesses because the incident allegedly took place in another area whereas both the witnesses of ocular account were resident of different area which fact had been endorsed by Investigating Officer---Before the Trial Court both the witnesses had not given any plausible reason for their presence on the spot at the time of incident---Evidence of said two eye-witnesses was shaky in nature and could not be relied upon for maintaining the conviction/ sentence of the accused---Circumstances established that the prosecution could not prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

ASIF SHAHZAD vs State Ss — 2022 YLR 669 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2022 YLR