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---Presence of witnesses at the spot doubtful---Accused were charged for committing murder of the brother of complainant and injuring the complainant during dacoity---Complainant along with witnesses claimed to have witnessed the occurrence and shifted victim in injured condition to hospital---In doing so, staining of their clothes with blood oozing from the wound of injured was very much natural---No evidence was available on the record to show that blood stained clothes of complainant and witnesses were taken into possession by the Investigating Officer---Had such clothes been taken into possession and dispatched to laboratory for grouping with the blood stained clothes of the deceased, the same would have lent strongest corroboration to the evidence of complainant and eye-witness showing their presence at the spot---Said omission struck at the roots of the case of prosecution---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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