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AMEER HUSSAIN vs State S — 2022 YLRN 28 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 YLRN 28 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Parties
AMEER HUSSAIN 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

AMEER HUSSAIN VS State S. 302(b)--- Qatl-i-amd--- Appreciation of evidence---Benefit of doubt---Presence of eye-witnesses at the place of occurrence was doubtful---Scope---Accused was charged for committing murder of the son of complainant by inflicting churri blows---Ocular account in the case consisted of evidence of two sons of complainant---Presence of both the said witnesses on the spot at the relevant time was doubtful in nature---Had said witnesses been present on the spot at the relevant time they would have tried to rescue the deceased or to catch hold of the accused who, admittedly, was not armed with any firearm toward the said eye-witnesses off or to keep them away at the time of incident---Delay in the FIR as well as post-mortem examination of the dead body of the deceased also casted doubt about their presence on the spot at the time of incident--- 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.

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