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NAVEED SHAH vs State S — 2022 YLRN 201 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 YLRN 201 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Parties
NAVEED SHAH 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

NAVEED SHAH VS State S. 302(b)---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd--- Appreciation of evidence---Benefit of doubt---Delayed FIR---Delayed post-mortem---Un-natural conduct---Chance witness---Withholding best evidence---Motive, not proved--- Recovery of weapon--- Non-availability of crime empties---Effect---Accused was alleged to have committed murder by firing at the deceased---Incident was reported to the police with a delay of about two hours and ten minutes without there being any plausible explanation---Post-mortem was conducted after a noticeable delay of eight hours and thirty minutes---Presence of eye-witnesses on the spot at the time of incident was doubtful in nature because they had allegedly seen the incident from a close distance but had remained fail to intervene---Ocular account was in direct conflict with the medical evidence---Complainant, during investigation and trial,had changed the locale of injuries allegedly caused by accused on the person of deceased---Complainant was a chance witness as his residence was far away---Father of the deceased, who was inmate of the same house, was not produced during trial---Prosecution had withheld best available evidence and in view of Art. 129(g) of Qanun-e-Shahadat, 1984 adverse inference could be drawn that had that witness been produced before the Trial Court he would not have supported the prosecution case---Solid evidence qua motive part of incident was not produced---Alleged recovery of 30 bore pistol at the instance of appellant was immaterial because no crime empty was secured by the Investigating Officer at time of spot inspection---Prosecution had failed to prove its case---Appeal was allowed and the accused was acquitted of the charge.

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