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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 and medical evidence--- Contradictions--- Accused was charged for committing murder of the deceased in a room of restaurant---According to the witness of last seen evidence, they along with the deceased visited the house of accused, whereas, Medical Officer who held autopsy on the dead body of deceased, during cross-examination deposed that possibility could not be ruled out that as per condition of the deceased the time between death and post mortem might be five to seven days---If the opinion of Medical Officer was taken into consideration then the deceased was already done to death prior to the date when said witness had lastly seen him in the company of the accused---Keeping in view the said factors, the last seen evidence adduced by the prosecution was nothing but a cosmetic baseline manufactured by the prosecution just to knit the net around the neck of the accused after recovery of the dead body of deceased---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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