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---Accused were charged for committing murder of the brother of complainant and injuring the complainant during dacoity---Record showed that complainant failed to specifically mention in complaint that whether accused persons named in complaint were in fact previously known to him---During the course of cross-examination both of the witnesses of ocular account stated that accused persons were previously known to them---Complainant had also failed to mention specific seat of injuries said to have been caused by accused persons on the head of deceased---Even complainant failed to specifically mention the part of his body where he received butt blows given by the unknown accused person---Complainant had also not stated anything in complaint as to whether any of the accused demanded or asked either him or the deceased to hand over cash---Complainant failed to specifically mention in complaint as to who was carrying cash which was claimed to have been drawn from the bank and it was also not specifically mentioned that from whom the accused persons forcibly snatched the money----It had not been mentioned in complaint that which of the accused persons snatched the cash---Not essential for the complainant to give each and every detail of the occurrence in the complaint on the basis of which FIR is lodged, however, at the same time it is equally correct that certain necessary and essential details leading to the occurrence are always required to be mentioned in the application on the basis of which FIR is lodged---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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