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QAISAR ABBAS vs State S — 2023 PCrLJN 85 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 PCrLJN 85 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Parties
QAISAR ABBAS 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

QAISAR ABBAS VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Presence of eye-witnesses at the place of occurrence was doubtful---Chance witnesses---Scope---Accused was charged for committing murder of the deceased---Investigating Officer stated that he prepared injury statement of deceased for his medical examination through constable/witness---Said witness had not stated that complainant and eye-witness were at that time with the deceased (then injured) at the Hospital---Had the said two eye-witnesses been present with deceased (then injured) at the Hospital, their statements would have been recorded for registration of FIR---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances. Citation Name: 2023 PCrLJN 85 LAHORE-HIGH-COURT-LAHOREBookmark this Case QAISAR ABBAS VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Medical evidence---Scope---Accused was charged for committing murder of the deceased---In the FIR, it was mentioned that after the occurrence, deceased (then injured) was taken to hospital, from where he was taken to another Hospital, then he was referred to yet another Hospital---Prosecution neither produced any referrer form nor Para-medical staff or Medical Officer of hospital from where deceased (the then injured was referred to the Hospital---Further Medico-Legal Certificate of said Hospital, pertaining to deceased (then injured), showed that he was got medically examined by a constable at 10:30 p.m. and was discharged at 11:00 p.m. on the same night but the said constable did not say so in his statement before the Trial Court---Injury statement also showed that same was addressed to the Medical Officer of one of Hospital and not the other Hospital---Deceased (then injured) had not been medically examined by the Medical Officer of RHC with the reasons best known to the prosecution---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances. Citation Name: 2023 PCrLJN 85 LAHORE-HIGH-COURT-LAHOREBookmark this Case QAISAR ABBAS VS State Benefit of doubt---Principle---If there was a single circumstance which created reasonable doubt in the prudent mind about the guilt of the accused, then accused would be entitled to its benefit not as a matter of grace or concession, but as of right. Citation Name: 2023 PCrLJN 85 LAHORE-HIGH-COURT-LAHOREBookmark this Case QAISAR ABBAS VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Unnatural conduct of eye-witnesses---Scope---Accused was charged for committing murder of the deceased---Record showed that it was an unseen occurrence---Both the eye-witnesses despite their claimed presence with deceased (then injured) had not got recorded their statements before the police for three days, remained mum and did not disclose the name of the accused as an accused of the case, which was unnatural conduct and shattered their credibility---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances. Citation Name: 2023 PCrLJN 85 LAHORE-HIGH-COURT-LAHOREBookmark this Case QAISAR ABBAS VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Recovery of weapon of offence on the pointation of accused---Reliance---Scope---Accused was charged for committing murder of the deceased---Recovery of .30-bore pistol on pointing out of the accused in presence of negative report of Forensic Science Agency was not only inconsequential rather drew adverse inference---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances. Citation Name: 2023 PCrLJN 85 LAHORE-HIGH-COURT-LAHOREBookmark this Case QAISAR ABBAS VS State S. 302(b)---Qanun-e-Shahadat (10 of 1984), Art. 46---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Dying declaration---Scope---Accused was charged for committing murder of the deceased---Investigating Officer was the person who had examined deceased (then injured) in the Hospital and prepared his injury statement wherein he did not state that deceased was either conscious or unconscious--- Investigating Officer did not try to record his statement at that time---Application of Investigating Officer for obtaining permission from the Medical Officer to record statement of deceased (then injured) did not show the name of the accused rather relevant column was left blank---Medical Officer had made endorsement at the bottom of the said application but did not mention whether deceased (then injured) was able to make statement or not as his Medical Certificate showed that, he was semi-conscious---Neither Medical Officer nor Addl. Medical Superintendent of the Hospital had been produced in support of their endorsements made at the bottom of said application---Story of dying declaration along with application for permission to record statement of deceased (then injured) was result of fabrication which could not be relied upon---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances. Citation Name: 2023 PCrLJN 85 LAHORE-HIGH-COURT-LAHOREBookmark this Case QAISAR ABBAS VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Motive not proved--- Scope--- Accused was charged for committing murder of the deceased---Story of motive that on the day of occurrence at 10:00 a.m. the accused and the deceased had a quarrel, considering the peculiar circumstances of the case, was also not believable---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances. Citation Name: 2023 PCrLJN 85 LAHORE-HIGH-COURT-LAHOREBookmark this Case QAISAR ABBAS VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Delay of about three days in lodging the FIR---Scope---Accused was charged for committing murder of the deceased---First Information Reort was lodged with the delay of about three days from the time of occurrence---No explanation qua that delay had been given in the FIR---Despite claimed presence of deceased (the then injured) at hospital as stated by him and shown through injury statement, FIR had not been lodged---Accused was unknown at that time---Possibility of consultation and deliberation in lodging of FIR involving the accused in the case and preparing the eye-witnesses could not be ruled out, in circumstances---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

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