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---Identification of dead body of the deceased by complainant--- Doubtful--- Accused was charged that he along with others committed murder of the brother of the complainant after abducting him---In the present case, the DNA report showing the identity of deceased as biologically full sibling of complainant lost its efficacy and could not be read in favour of prosecution---Prosecution had also put forward complainant and a witness with the claim that they had identified the dead body at the time of postmortem examination but both of them when in the witness box did not depose about said fact---Identification of last worn clothes along with dead body was also in doubt because related recovery memo showed interpolation and addition of fact of identification of clothes with different hand writing---In this case prosecution remained unsuccessful to prove the identity of skelton as dead body of deceased---So, when the basic fact in issue had not been proved, further material could not be used, was though same was also not worthy of appreciation, against the present accused--- 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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