EJAZ alias JAJJI vs State Ss — 2023 YLR 1835 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 YLR 1835 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: YLR
Parties: EJAZ alias JAJJI 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

EJAZ alias JAJJI VS State Ss. 302, 324, 336, 449, 109, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, itlaf-i-salahiyyat-i-udw, house-trespass in order to commit offence punishable with death, abetment, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Weapons of offence with live cartridges recovered from the possession of accused persons---Reliance---Accused were charged that they made firing upon the complainant party after entering into their house, due to which one person died whereas three sustained injuries, however, due to the indiscriminate firing one of the accused was also hit and died whereas another was injured---Record showed that a repeater gun, .12-bore guns and live cartridges were recovered from the possession of the accused persons---Recoveries of repeater gun along with five live cartridges from accused, .12 bore gun along with five live cartridges from other accused and 12 bore gun along with five live cartridges from another accused on 21-06-2012 were not matched with the four crime empties secured from place of occurrence after four days of the incident on 11.04.2012--- Thus, there was no incriminating recovery available on record to connect the accused persons with the commission of offence---Circumstances established that the prosecution had failed to prove its case beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

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