AMAN ULLAH SHAH vs State Ss — 2023 YLR 1865 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 YLR 1865 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: YLR
Parties: AMAN ULLAH SHAH 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

AMAN ULLAH SHAH VS State Ss. 302, 324, 337-U, 337-a(i), 337-a(ii), 337-F(i), 337-F(v), 337-L(2), 148 & 149---Qanun-e-Shahadat (10 of 1984), art. 129(g)---Qatl-i-amd, attempt to commit qatl-i-amd, itlaf of teeth, shajjah-i- khafifah, shajjah-i-mudihah, damiyah, ghayr-jaifah-hashimah, causing hurt, rioting armed with deadly weapon, unlawful assembly---appreciation of evidence---Benefit of doubt---Injured witnesses given up---Withholding material evidence---Effect---accused were charged that they along with their co-accused assaulted the complainant party, due to which one person died whereas seven sustained injuries---admittedly, the prosecution was not bound to produce all the witnesses to prove its case and a case could be concluded/decided even on the basis of solitary statement---However, in the present case, seven persons sustained injuries but all of them were given up being unnecessary except three, meaning thereby that the best evidence in the case was withheld by the prosecution and a necessary inference under art. 129(g) of Qanun-e-Shahadat, 1984, was raised that had the given up injured witnesses been produced at trial, they would not have supported the prosecution version---Circumstances established that the prosecution had failed to prove its case against the accused persons beyond any shadow of doubt---appeal against conviction was allowed, in circumstances.

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