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

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

EJAZ alias JAJJI VS State Ss. 302, 324, 336, 449, 109, 148 & 149---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---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---Possibility of false implication---Withholding material facts---Effect---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 the occurrence took place on 07.04.2012 at 05:00 p.m. and as per prosecution case from 07.04.2012 onward, the injured lady was under medical treatment---Evidence did not indicate that any infection or tetanus developed quickly---No evidence was on record to show that her condition was deteriorating from the time she was admitted in the hospital---Medical records would have provided clues as to her condition and the treatment given and onset of infection but no record was produced by the prosecution---Injured lady witness appeared in witness box on 18.11.2014 and got recorded her statement and stated that she remained in hospital for two months for her treatment---Prosecution evidence was silent that whether she was re-admitted in hospital for her treatment after first discharge---True genesis of the occurrence had been withheld by the prosecution---Thus, possibility of false implication of the accused persons in the alleged crime could not be ruled out and the prosecution had failed to bring home the charges framed against the accused persons---Circumstances established that the prosecution had failed to prove its case beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

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

Case information

Judgment text as reported

Other judgments reported in 2023 YLR