Citation Name: 2023 YLR 901 LAHORE-HIGH-COURT-LAHOREBookmark this Case Syed ALI AKBAR vs State S

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Citation Name: 2023 YLR 901 LAHORE-HIGH-COURT-LAHOREBookmark this Case Syed ALI AKBAR VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence--- Benefit of doubt---Unnatural conduct of witnesses---Scope---Accused was charged for committing murder of the father of complainant---Complainant got recorded his supplementary statement to the Investigating Officer that two witnesses told him that they were present in the house of complainant when accused came there and took deceased along with him, thereafter, complainant's father did not return to home---Subsequently deceased was found in injured condition near the door of mosque---One witness was witness mentioned in the FIR; whereas other witness was mother of complainant and widow of deceased---If the said witnesses witnessed deceased going from his house in the company of accused then why they had not disclosed that fact to complainant before registration of FIR as well as to the Investigating Officer---Both the witnesses were closely related with each other and also related to deceased---Said witnesses were interested witnesses and due to their unnatural conduct they could not be termed as truthful witnesses and their evidence was not worthy of reliance---Circumstances established that the prosecution had failed to prove its case beyond shadow of doubt---Appeal was allowed and accused was acquitted by setting aide convictions and sentences recorded by the Trial Court, in circumstances. Citation Name: 2023 YLR 901 LAHORE-HIGH-COURT-LAHOREBookmark this Case Syed ALI AKBAR VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Recovery of incriminating material--- Scope---Accused was charged for committing murder of the father of complainant---In the present case, chhuri and danda vide seizure memo, recovery of amount Rs. 77000/- and cell phones through recovery memo. were recovered, however, none amongst the said articles connected the accused with the commission of offence because it was not the case of prosecution that an amount of Rs.77000/- or cell phones were in the possession of deceased when he left his home---Likewise, it was not the prosecution case that chhuri or danda were used by the accused to commit the murder of the deceased---Evidence qua last seen had already been disbelieved---Said recoveries at the pointation of accused were highly doubtful and not believable---Circumstances established that the prosecution had failed to prove its case beyond shadow of doubt---Appeal was allowed and accused was acquitted by setting aide convictions and sentences recorded by the Trial Court, in circumstances. Citation Name: 2023 YLR 901 LAHORE-HIGH-COURT-LAHOREBookmark this Case Syed ALI AKBAR VS State Medical evidence---Scope---Medical evidence might confirm the ocular account with regard to seat of injuries, its duration, nature of injuries and kind of weapon used for causing such injury but it could not connect the accused with the commission of crime. Your Search returned total 35531 records from 17600 - 17650 Citation Name: 2023 YLR 901 LAHORE-HIGH-COURT-LAHOREBookmark this Case Syed ALI AKBAR VS State Evidence---Last seen evidence---Scope---Last seen evidence is always considered to be weak type of evidence, unless corroborated by some other independent evidence. Citation Name: 2023 YLR 901 LAHORE-HIGH-COURT-LAHOREBookmark this Case Syed ALI AKBAR VS State Extra-judicial confession---Evidentiary value---Extra-judicial confession was a weak type of evidence. Citation Name: 2023 YLR 901 LAHORE-HIGH-COURT-LAHOREBookmark this Case Syed ALI AKBAR VS State Witness---Supplementary statement---Scope---Courts always deprecated such kind of statement, which was made with the purpose to strengthen the case of the prosecution at the behest of the Police Officials or some other ulterior motive to get the suspect convicted by hook and crook. Citation Name: 2023 YLR 901 LAHORE-HIGH-COURT-LAHOREBookmark this Case Syed ALI AKBAR VS State Motive---Scope---Prosecution was not under obligation to establish the motive in every murder case---If prosecution set up a motive but failed to prove it, then, it was the prosecution who had to suffer and not the accused. Citation Name: 2023 YLR 901 LAHORE-HIGH-COURT-LAHOREBookmark this Case Syed ALI AKBAR VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Last seen evidence---Scope---Accused was charged for committing murder of the father of complainant---Last seen evidence had been furnished by two witnesses---Both the said witnesses were nephews of deceased---According to one witness, he met police for the first time when accused came to the house of other witness---After attending funeral prayer, he had no contact with the complainant but during his cross-examination destructively stated that he joined investigation on the first day when FIR was registered---Similarly, other witness did not inform the evidence of last seen to the complainant till---Question arose that if said witnesses had seen deceased in the company of accused then why they had not disclosed that fact to the complainant and remained mum---Said witnesses had not been able to give any plausible reasoning qua their presence at the place of occurrence at the relevant time---Had the said witnesses being truthful witnesses and had they witnessed whatever they stated before the police and the Trial Court, they would have immediately informed the police much earlier---Such self-negating and contradictory statements of the said witnesses reflected that they were not truthful, rather they were deposing an afterthought, fabricated and concocted story just to create incriminating evidence to strengthen the case of un-witnessed occurrence against the accused---Circumstances established that the prosecution had failed to prove its case beyond shadow of doubt---Appeal was allowed and accused was acquitted by setting aide convictions and sentences recorded by the Trial Court. Citation Name: 2023 YLR 901 LAHORE-HIGH-COURT-LAHOREBookmark this Case Syed ALI AKBAR VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Delay of seven hours and thirty minutes in conducting the post-mortem examination on the dead body of the deceased---Scope---Accused was charged for committing murder of the father of complainant---Record showed that matter was reported to the police on the same day within a period of two hours, however, according to the post-mortem report death occurred at 07:00 a.m. whereas autopsy on the dead body of deceased was conducted with the delay of seven hours and thirty minutes after the death---Keeping in view such material discrepancy arising out from the prosecution case, an adverse inference to the prosecution's case could be drawn that the intervening period had been consumed in fabricating a story after preliminary investigation and to wait for the relatives of the deceased, who were made witnesses subsequently, otherwise there was no justification for not dispatching the dead body to the mortuary and providing police papers with such delay---Circumstances established that the prosecution had failed to prove its case beyond shadow of doubt---Appeal was allowed and accused was acquitted by setting aide convictions and sentences recorded by the Trial Court, in circumstances. Citation Name: 2023 YLR 901 LAHORE-HIGH-COURT-LAHOREBookmark this Case Syed ALI AKBAR VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Medical evidence---Scope---Accused was charged for committing murder of the father of complainant---Medical evidence had been furnished by Medical Officer, who conducted autopsy on the dead body of deceased vide post-mortem report---No other trustworthy direct or indirect evidence was available against the accused, which could be supported by the medical evidence---Circumstances established that the prosecution had failed to prove its case beyond shadow of doubt---Appeal was allowed and accused was acquitted by setting aide convictions and sentences recorded by the Trial Court. Citation Name: 2023 YLR 901 LAHORE-HIGH-COURT-LAHOREBookmark this Case Syed ALI AKBAR VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Recovery of motor cycle on the pointation of accused---Scope---Accused was charged for committing murder of the father of complainant---Motorcycle was recovered vide seizure memo, however, no registration number, colour, its company name had been described in the FIR, nor in the supplementary statement of the witnesses---Recovery of motorcycle at the pointation of accused was inconsequential and not helpful to the prosecution case---Circumstances established that the prosecution had failed to prove its case beyond shadow of doubt---Appeal was allowed and accused was acquitted by setting aide convictions and sentences recorded by the Trial Court, in circumstances. Citation Name: 2023 YLR 901 LAHORE-HIGH-COURT-LAHOREBookmark this Case Syed ALI AKBAR VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Call data Record---Scope---Accused was charged for committing murder of the father of complainant---Recovery of mobile phone data, which simply depicted the number of caller as well of recipient, location, duration of call and not more than that, even there was no evidence that what was the conversation made between the caller and recipient---Call Data Record was not conclusive proof of involvement of accused in the commission of crime---Circumstances established that the prosecution had failed to prove its case beyond shadow of doubt---Appeal was allowed and accused was acquitted by setting aide convictions and sentences recorded by the Trial Court. Citation Name: 2023 YLR 901 LAHORE-HIGH-COURT-LAHOREBookmark this Case Syed ALI AKBAR VS State Benefit of doubt---Principle---If there was a single circumstance which creats doubt regarding the prosecution case, the same would be sufficient to give benefit of doubt to the accused. Citation Name: 2023 YLR 901 LAHORE-HIGH-COURT-LAHOREBookmark this Case Syed ALI AKBAR VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Extra-judicial confession---Scope---Accused was charged for committing murder of the father of complainant---Extra-judicial confession allegedly made by accused before two witnesses---One witness, deposed that he along with other witness was sitting at his house, accused came there and started weeping and said that he had to pay some amount to deceased, who was demanding amount in lump-sum but he could not pay him the full amount, therefore, firstly, he tied up the hands of deceased with a rope and then after cutting the tied rope with a Chhuri threw him down from the top of the building---After throwing, deceased stuck with a Chappar---Accused took a bamboo and pushed deceased from the said Chappar down to the ground resulting into his death---Similarly, other witness narrated the same facts as deposed by the witness---Deposition of the said witnesses of extra-judicial confession when examined revealed that firstly the place chosen by the accused for such purpose was not at all suitable; secondly, why the accused had made extra-judicial confession before such persons who having some authority was expected to do him more harm than good---Both the said witnesses were nephews of deceased---One witness had described in his cross-examination that they did not try to apprehend accused nor raised any hue and cry, and stated that they were frightened---Same was the reply of other witness---According to the prosecution story when accused made extra-judicial confession before the said witnesses, he was empty handed then what was the reasoning, they could not have overpowered him---Such facts certainly raised serious doubt about the veracity of the witnesses and their testimonies were not upto the mark to place any reliance upon it---Evidence of extra-judicial confession made by accused regarding the incident was fabricated in order to create some circumstantial evidence in that un-witnessed incident---Such extra-judicial confession did not bear any credibility and could not be permitted to render any sort of help to the case of the prosecution---Circumstances established that the prosecution had failed to prove its case beyond shadow of doubt---Appeal was allowed and accused was acquitted by setting aide convictions and sentences recorded by the Trial Court. Citation Name: 2023 YLR 901 LAHORE-HIGH-COURT-LAHOREBookmark this Case Syed ALI AKBAR VS State Circumstantial evidence--- Scope---Prosecution was required to link each circumstance to the other in a manner that it must form a complete, continuous and unbroken chain of circumstances, firmly connecting the accused with the alleged offence---If any link was missing then benefit was to be given to the accused. Citation Name: 2023 YLR 901 LAHORE-HIGH-COURT-LAHOREBookmark this Case Syed ALI AKBAR VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Motive was not proved---Scope---Accused was charged for committing murder of the father of complainant---No motive had been described in the FIR by the prosecution, however, subsequently, the prosecution witnesses while making the improvements introduced motive part that accused disclosed before witnesses that he owed Rs.280000/- to deceased, who had repeatedly demanded return of said amount which he was unable to pay back that's why he committed his murder---No date, time and place of receiving of Rs. 280000/- from deceased by accused had been mentioned nor any witness had been produced in that respect before whom the said amount was handed over to the accused---No documentary proof had been produced by the prosecution to establish that the said amount was outstanding against the accused---No substantial piece of evidence had been led by the prosecution to prove the motive part of the occurrence---Prosecution had failed to prove the motive part of the occurrence---Circumstances established that the prosecution had failed to prove its case beyond shadow of doubt---Appeal was allowed and accused was acquitted by setting aide convictions and sentences recorded by the Trial Court, in circumstances.

Citation Name: 2023 YLR 901 LAHORE-HIGH-COURT-LAHOREBookmark this Case Syed ALI AKBAR vs State S — 2023 YLR 901 LAHORE-HIGH-COURT-LAHORE

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