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--- Recovery of crime weapons inconsequential---Scope---Accused were charged for committing murder of the son of the complainant after kidnapping him---In the present case, Toka was recovered at the instance of accused---Prosecution case was that accused got crime weapon recovered from his house but prosecution completely failed to prove exclusive possession or distinct knowledge of accused over the said weapon which was lying open in his house---Similarly, the recoveries of 'Sotas' at the instances of co-accused persons were of no importance because those were not blood stained---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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