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---Recovery of hoe, shoes and pistol---Reliance---Accused was charged that he along with others committed murder of the brother of the complainant after abducting him---In the present case, the recovery of hoe (Kassi) and shoes were of no avail when they were not sent for testing to obtain any forensic clue with respect to use of such kassi for causing any injury or excavation of earth for burial of dead body---Similarly, shoes were also not sent for testing nor any expert examined such shoes to know about its size and whether it fit in the feet of deceased---Pistol though was recovered but its recovery was doubtful from the place because police had already visited that place prior to said recovery---Even otherwise only a functionality test report of such pistol was available---No bullet casings were collected by the police so as to obtain any evidence of its matching with alleged pistol---Though Medical Officer had observed injuries by firearm weapon but it was not discernable from the record that it was caused with pistol shots---More so, neither the time nor cause of death was determined by the Medical Officer as admitted by him during cross-examination, therefore, recovery of pistol did not add any quality to prosecution case---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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