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MUHAMMAD IJAZ vs State S — 2022 YLRN 66 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 YLRN 66 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Parties
MUHAMMAD IJAZ 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

MUHAMMAD IJAZ VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Medical evidence not supported the ocular account---Scope---Accused was charged for committing murder of his wife/ daughter of complainant---According to the ocular account of the prosecution, the accused committed the murder of his wife with electric shock---According to the final opinion of Lady Medical Officer the cause of death of deceased was due to asphyxia---Record showed that it was not the case of any of the prosecution's eye-witnesses that the accused committed the murder of his wife by strangulating her neck rather the case of the prosecution was that deceased was murdered by the accused after giving her electric shocks---Medical Officer during her cross-examination had conceded that no mark of violence or abnormality was detected on the neck of the deceased---Medical Officer had not mentioned the probable time that elapsed between the injuries and death and the time that elapsed between the death and post-mortem examination---Relevant columns in that respect of the post-mortem report were left blank by the Medical Officer---Medical evidence had not supported the ocular account of the prosecution rather the same had contradicted the evidence of the prosecution's eye-witnesses---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances.

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