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ABDUL HAFEEZ vs State S — 2022 YLRN 161 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 YLRN 161 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Parties
ABDUL HAFEEZ 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

ABDUL HAFEEZ VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Last seen evidence---Scope---Accused was charged for committing murder of the deceased in a room of restaurant---Witness of the last seen evidence deposed before the Trial Court that he along with other witness was present at his PCO shop, when the deceased told them that the accused called him at his house for payment of amount lent by witness---Said witness on the following day along with deceased and a witness (given up) went to the house of accused, where the accused sought some more time for payment, on the same day---On his assurance, he along with given up witness left the house of the accused leaving behind the deceased to collect the amount---Deceased did not return to the home till 2/3 days---Witnesses searched him and after three days received information qua an unidentified dead body lying in the mortuary of the Hospital, which was subsequently identified as of deceased---Story narrated by said witness did not appeal to ordinary prudence---Admittedly, the said witness as well as the deceased left for the sole purpose of collecting borrowed amount from the accused---Accused, who himself called the deceased to receive the amount, deferred the same for some hours, not days, and the witnesses left the deceased at the house of accused without accomplishing their task---Said witness had failed to explain as to why they left the deceased alone, in particular, when the payment of amount was to be made on the same day---Had the deceased been lastly seen in the company of the appellant by the said witness, they would have naturally approached the appellant or at least informed the police, which cast serious doubt qua veracity of the statement of this witness---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court.

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