Citation Name: 2023 YLR 24 LAHORE-HIGH-COURT-LAHOREBookmark this Case SAIF ULLAH vs State Ss

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Citation Name: 2023 YLR 24 LAHORE-HIGH-COURT-LAHOREBookmark this Case SAIF ULLAH VS State Ss. 302, 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Weapon of offence (pistol) was recovered on the pointation of accused---Reliance---Scope---Accused were charged for committing murder of the brother of the complainant by firing---Record showed that pistol 30 calibre was recovered at the pointation of the accused---Witnesses of that recovery were closely related to the deceased and their evidence had already been disbelieved---Evidence of recovery was inconsequential and not helpful to the prosecution because the crime empty and pistol were sent together to the Office of Forensic Science Agency after the arrest of the accused---Positive report of Forensic Science Agency had also lost its significance---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances. Your Search returned total 35531 records from 17750 - 17800 Citation Name: 2023 YLR 24 LAHORE-HIGH-COURT-LAHOREBookmark this Case SAIF ULLAH VS State Motive---Scope---If the prosecution assert a motive but failed to prove the same then such failure on the part of the prosecution might react against a sentence to be passed against a convict on the charge of murder. Citation Name: 2023 YLR 24 LAHORE-HIGH-COURT-LAHOREBookmark this Case SAIF ULLAH VS State Ss. 302, 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Motive was not proved---Scope---Accused were charged for committing murder of the brother of the complainant by firing---Motive alleged by the prosecution was that deceased and his brother as well as their nephew were receiving threatening phone calls from cell phones---While taking the U-turn the prosecution introduced another motive that deceased was murdered by accused persons, who had illicit relations inter se---Lady accused was happened to be wife of brother of deceased, who oftenly forbade his sister-in-law upon which she was annoyed with deceased---Prosecution had failed to prove the fact of illicit relationship of accused with acquitted lady co-accused---No oral as well as documentary evidence had been produced in support of motive alleged by the prosecution---Silence with regard to minutiae of motive alleged by the prosecution, motive was, discarded---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances. Citation Name: 2023 YLR 24 LAHORE-HIGH-COURT-LAHOREBookmark this Case SAIF ULLAH VS State Ss. 302, 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Defective investigation--- Scope--- Accused were charged for committing murder of the brother of the complainant by firing---Prosecution case was that complainant's brothers including deceased and nephew were receiving threatening phone calls from cell phone one specific number was identified registered in the name of one accused who was arrested by the police and also obtained his physical remand for two days from the Court of competent jurisdiction---Said fact was also admitted by complainant in his cross-examination---Said accused was not got identified by the eye-witnesses---Owner of other SIM number could not be traced during the course of investigation nor any evidence was produced in that respect before the Trial Court---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances. Citation Name: 2023 YLR 24 LAHORE-HIGH-COURT-LAHOREBookmark this Case SAIF ULLAH VS State Double presumption of innocence---Interference--- Scope--- accused after acquittal earned a double presumption of innocenceand to rebut the same heavy onus laid on the prosecution. Citation Name: 2023 YLR 24 LAHORE-HIGH-COURT-LAHOREBookmark this Case SAIF ULLAH VS State Benefit of doubt---Principle---In case of doubt, its benefit must go to the accused not as a matter of grace, but of right. Citation Name: 2023 YLR 24 LAHORE-HIGH-COURT-LAHOREBookmark this Case SAIF ULLAH VS State Ss. 302, 109 & 34---Qanun-e-Shahadat (10 of 1984), Art. 22---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Benefit of doubt---Test identification parade---Scope---Accused were charged for committing murder of the brother of the complainant by firing---Prosecution had relied upon the identification parade of the accused, who was rightly identified by eye-witnesses---Both the said eye-witnesses were related and chance witnesses and their evidence was not worthy of reliance---Identification parade had no evidentiary value---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances. Citation Name: 2023 YLR 24 LAHORE-HIGH-COURT-LAHOREBookmark this Case SAIF ULLAH VS State Ss. 302, 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Night time occurrence---Source of light---Scope---Accused were charged for committing murder of the brother of the complainant by firing---Narration of FIR transpired that no source of light had been described at the place of occurrence---Rough site plan showed no source of light had been described whereas in scaled site plan availability of electric bulb had been shown but the same was not taken into possession by the Investigating Officer---Prosecution had failed to establish the fact of such availability of source of light and in absence of their inability to do so, the existence of such a light source could not be presumed---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances. Citation Name: 2023 YLR 24 LAHORE-HIGH-COURT-LAHOREBookmark this Case SAIF ULLAH VS State Ss. 302, 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence--- Benefit of doubt--- Chance witnesses--- Scope---Accused were charged for committing murder of the brother of the complainant by firing---Motive was that the deceased and nephew of the complainant were receiving threatening calls from two mobile phones--- Statements of eye-witnesses were recorded after one month of the occurrence---Prosecution had failed to explain the delay of one month in recording the statements of said eye-witnesses---Manifested from prosecution evidence that eye-witnesses were real brothers and brother of father-in-law of deceased, respectively---Question arose that when their close relative was murdered why they came back to their homes, soon after the occurrence and not approaching the police and why remained silent for one month---Held, that the eye-witnesses were not present at the time and place of occurrence and complainant had introduced them subsequently as eye-witnesses---Eye-witnesses could not justify the reason given by them for their presence at the place of occurrence at the relevant time---Said witnesses were chance witnesses and as such their evidence was not free from doubt---Witnesses of ocular account were not witnesses of inquest report and post-mortem report of the deceased---If they were present at the time and place of occurrence, they must have been the witnesses of inquest report and post-mortem report---Similarly, said witnesses should have escorted the dead body to the hospital being the close relatives and their names should have been mentioned in the post mortem report in the column of identification of the dead body---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances.

Citation Name: 2023 YLR 24 LAHORE-HIGH-COURT-LAHOREBookmark this Case SAIF ULLAH vs State Ss — 2023 YLR 24 LAHORE-HIGH-COURT-LAHORE

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