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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---Motive not proved---Scope---Accused was charged for committing murder of the deceased in a room of restaurant---According to the brother of deceased, the accused, who happened to be the friend of the deceased, borrowed an amount from him and upon demand, the accused, in the presence of the witnesses, extended life threats to the deceased---Prosecution case was that the accused borrowed the amount from the said witness and not the deceased directly, therefore, naturally, if there was any dispute qua return of said amount, the same must have been against the said witness and not the deceased---According to said witness, two days prior to the occurrence, the accused extended life threats to the deceased but in that regard neither any crime report nor any rapt was lodged in any police station---Such was beyond imagination that despite knowing the intention of the accused to kill the deceased on demand of borrowed amount, that witness, who was real brother of the deceased, permitted the deceased to go another city for collection of the borrowed amount from the accused and despite his non-return to home for almost three days, he did not make any effort to get lodge crime report against the accused and kept on waiting till the recovery of dead body of the deceased---In the attending circumstances, motive set up by the prosecution was cryptic, infirm in nature, without any substance and the same deserved to be rejected outrightly---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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