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---Place of occurrence doubtful---Accused were charged for committing murder of the son of the complainant after kidnapping him---About place of occurrence, there was serious doubt in prosecution's case---As evident from FIR murder took place in the house of accused whereas, column No.1 of the inquest report showed that the dead body was found at a tube well which place was at a distance of about five acres from the house of accused---Said entry was also shown to Investigating Officer who admitted it without any reservation and even Medical Officer conceded that when he received the inquest report the said entry was there---No doubt that in rough and scaled site plans, the dead body was shown in the house of accused but prosecution was under heavy burden to clarify that if it was the position then how in the inquest report the dead body was shown at tube well---Prosecution since its existence never challenged the entry in inquest report and even during trial did not ask the Trial Court for re-examination of the Investigating Officer for the purpose of any clarification---When prosecution's own case was suffering from self-contradiction, benefit thereof would go to accused persons and none else---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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