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Mst. YASMIN vs State Ss — 2023 YLRN 49 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 YLRN 49 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Parties
Mst. YASMIN vs State Ss
Subject matter
Criminal
Provisions referred to
S. 7---Q; S. 161

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

Mst. YASMIN VS State Ss. 302(b), 324 & 336-B---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, hurt caused by corrosive substance, absconder, act of terrorism---appreciation of evidence---Benefit of doubt---Chance witnesses---Scope---Prosecution case was that the accused sprinkled acid upon brother of the complainant, due to which he died---Two brothers of deceased claiming themselves to be the eye-witnesses of the occurrence stated in their statements before the trial Court that on 22.05.2017 they went to the house of their deceased brother and slept there---at about 11:30 p.m. they woke up on hue and cry of their brother/deceased and saw his wife/accused pouring acid with iron balty on him---Contrary to that, deceased (the then injured) got recorded in his statement that occurrence took place in the house of the accused where he along with his brothers had gone to bring her after compromise with her---Brother of deceased stated in his cross-examination that he had not stated in his statement recorded under S.161, Cr.P.C., that occurrence took place in the house of his brother---Witness was confronted with his statement wherein it was so recorded---Witness had stated in his statement recorded under S. 161, Cr.P.C., that they had got Bangla Fazilwala for compromise---Witness was confronted with his statement where it was not so recorded---Even otherwise, both the said witnesses were not residing in the house of occurrence or around the place of occurrence, they being chance witnesses had failed to establish their presence at the place of occurrence at the time of occurrence with their stated reasons---appeal against conviction was allowed, in circumstances.

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