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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---Contradictions in the statements of eye-witnesses---Scope---Accused was charged for committing murder of the son of complainant by inflicting churri blows---Deceased in injured condition was shifted to Hospital through rescue 1122 Ambulance but no witness of rescue 1122 was produced by the prosecution during the trial to substantiate the version of complainant---Case of complainant was that deceased in injured condition was referred to different Hospital---Other eye-witness had stated in his cross-examination that they did not get any death slip from the Hospital---Eye-witness had stated in his cross-examination that he did not inform police on Helpline No. 15, however, his brother had later on informed police on Helpline No. 15 when they had proceeded to the hospital---Other eye-witness had stated in his examination-in-chief that his brother informed the local police about the occurrence, however, the said witness had stated in his cross-examination that no one made call at Helpline No. 15---Evidence of said two eye-witnesses was shaky in nature and could not be relied upon for maintaining the conviction / sentence of the accused in circumstances---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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