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---Motive not proved---Accused was charged that he along with others committed murder of the brother of the complainant after abducting him---Motive put forward by the prosecution was without support of any evidence---From the accused's side one lady appeared as defence witness and stated that matrimonial grudges and registration of an FIR was the reason for false involvement of her husband and his brother as the present accused in the present case---On her statement, Police opted to discharge one of the accused from the case but present accused was falsely retained and shown involved only to appease the complainant party---From the said statement, it was clear that prosecution case theory on the basis of alleged motive was not made out and prosecution had failed badly to prove such aspect of the 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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