ALLAH DITTA vs State Ss — 2023 MLD 899 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 MLD 899 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: MLD
Parties: ALLAH DITTA vs State Ss
Subject matter: Criminal

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

ALLAH DITTA VS State Ss. 302, 365, 109, 148 & 149---Qatl-i-amd, kidnapping or abducting with intent to secretly and wrongfully confine person, abetment, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Accused were charged for committing murder of the son of the complainant after kidnapping him---During the investigation four accused were declared innocent by the Investigating Officer and they were discharged by the Judicial Magistrate---Said position remained unchallenged from prosecution's side as they never took any exception to such declaration---Prosecution itself produced the Investigating Officer, who in his examination-in-chief, clearly asserted such fact---Meaning thereby that even prosecution was in agreement with the opinion of said Investigating Officer---Thus, the most important consideration before the Court was that discharge, in particular, of co-accused who was responsible for holding the leg of deceased and other co-accused who held deceased from his arm had again brought the case of the prosecution under clouds of heavy doubts---Circumstances established that the prosecution had failed to prove its case beyond reasonable doubt against accused persons---Appeal against conviction was allowed, in circumstances.

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