MUHAMMAD ASHRAF vs State Ss — 2022 YLRN 31 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD ASHRAF VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Ocular account and medical evidence---Contradictions---Accused were charged for committing murder of the son of complainant---Record showed that .30 bore pistol was recovered at the instance of accused---Occurrence allegedly took place on 03.09.2015, the accused was arrested in the case on 15.09.2015 whereas the crime empties were deposited in the office of Forensic Science Agency on 14.09.2015 i.e. just one day prior to the arrest of the accused and as such the chances of padding could not be ruled out---Investigating Officer had stated in his cross-examination that till his presence on the spot no crime empty was recovered from the place of occurrence---Nothing was mentioned in the inquest report regarding recovery of crime empty from the place of occurrence---Said piece of evidence did not advance the case of prosecution---Circumstances established that the prosecution had failed to prove its case beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

MUHAMMAD ASHRAF vs State Ss — 2022 YLRN 31 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported