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

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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---Dishonest improvements made by the complainant---Accused were charged for committing murder of the brother of complainant and injuring the complainant during dacoity---Complainant, who besides giving the narration as mentioned in complaint, deposed that accused persons after forcibly getting them down from motorcycle asked them to handover the amount which they had brought from a bank---It was further deposed by complainant that accused snatched Rs.100,000/- from the deceased forcibly at gunpoint and left the place of occurrence whereafter they shifted deceased in injured condition at THQ Hospital and he moved application before the police---Complainant further deposed that his brother was referred to DHQ Hospital, and was further referred to other Hospital where he expired---Complainant cautiously made improvements in his examination-in-chief by introducing the fact that accused persons asked them to hand over the amount that they had got from the bank and that accused snatched Rs.100,000/- from the deceased---Both the said facts although were not confronted during the course of cross-examination, however, a judicial notice could be taken as both the improvements, on the face of it, were dishonest and deliberate, therefore, same could not be ignored lightly---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.

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

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