YASIR PARVEZ vs State Ss — 2023 YLR 2164 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 YLR 2164 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: YLR
Parties: YASIR PARVEZ 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

YASIR PARVEZ VS State Ss. 302(b), 396 & 412---Qatl-i-amd, dacoity with murder, dishonestly receiving property stolen in the commission of dacoity---Appreciation of evidence---Benefit of doubt---Recovery of pistol from accused and empties from the spot---Inconsequential---Accused were charged for committing murder of the brother of complainant and injuring the complainant during dacoity---Record showed that an empty was shown to have been recovered from the spot during first spot inspection by Investigating Officer and during investigation pistols were also shown to have been recovered on the pointing out of accused persons---However, there was nothing on record to show that either the empty or the pistols were transmitted to the Forensic Science Agency for comparison in order to ascertain as to from which pistol the empty was fired and no report in that regard was available on the record---In absence of any such comparison report, recoveries of pistols shown against the accused persons were simply inconsequential---Circumstances established that the prosecution failed to prove its case against accused persons beyond reasonable shadow of doubt---Appeal against the conviction was allowed accordingly.

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