ALLAH DITTA vs State Ss — 2023 YLR 2538 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 YLR 2538 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: YLR
Parties: ALLAH DITTA 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

ALLAH DITTA VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Last seen evidence and medical evidence---Contradictions---Accused was charged for committing murder of the sister of complainant and her daughter---Physical signs observed on the dead body were such to suggest decomposition well beyond the point of time of last seen as alleged by the prosecution and discovery of the corpse---Physical state in which the dead body was found by the Medical Examiner was inconsistent with the last seen evidence theory i.e. 49 hours before the autopsy---Time of death of deceased was much earlier than what was alleged by the prosecution witnesses of last seen---As per prosecution version, the accused committed murder of sister of the complainant through strangulation and in that respect, witnesses deposed that when dead body of deceased was recovered, they noticed ligature mark around her neck, but Medical Officer who conducted postmortem of the said deceased deposed that no ligature mark was present around the neck and no ligature mark could be identified on neck due to advance stage of putrification---Said facts clearly negated the prosecution theory of last seen, hence such piece of evidence was not believable and could not be relied upon to uphold the conviction of accused---Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable doubt---Appeal against conviction was accordingly allowed.

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