MUHAMMAD TAYYAB vs State Ss — 2023 YLR 2207 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 YLR 2207 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: YLR
Parties: MUHAMMAD TAYYAB 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

MUHAMMAD TAYYAB VS State Ss. 302, 364, 148 & 149---Qatl-i-amd, kidnapping or abduction in order to murder, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Accused was charged that he along with others committed murder of the brother of the complainant after abducting him---Record showed that during cross-examination Medical Officer responded that he prepared the postmortem report after one month and about cause of death he had not given any official opinion about cause of death of the deceased in postmortem report---Exaggerated version of Medical Officer deposing about cause of death by firearm before the Court could not be considered because accused was not aware of such opinion nor copy of it was provided to him, therefore, it was improper admission of a fact which lost sight of Trial Court---Medical Officer had further stated that he had not mentioned the time of death in the postmortem report---Circumstances established that the prosecution had failed to prove the charge against the accused beyond reasonable doubt---Appeal against conviction was allowed, in circumstances.

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