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SAQIB HUSSAIN vs State Ss — 2023 YLRN 53 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 YLRN 53 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Parties
SAQIB HUSSAIN 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

SAQIB HUSSAIN VS State Ss. 302, 338-C & 34---Qatl-i-amd, isqat-i-janin, common intention---Appreciation of evidence---Benefit of doubt---Accused were charged for committing murder of their sister and her husband---Record showed that both the deceased were done to death in a rented house---First Information Report was lodged with unexplained delay of about nine hours on the statement of complainant---Complainant and a witness claimed themselves to be the eye-witnesses of the occurrence---Witness had made dishonest improvements in his statement before the Trial Court who was confronted with his earlier statement before the police during cross-examination---Both the eye-witnesses were residents of other District---Said witnesses were chance witnesses as they failed to establish their presence at the place of occurrence at the time of occurrence with their stated reasons---During investigation, the real mother of the male deceased had moved an application stating therein that her brother/complainant and witness were not eye-witnesses of the occurrence rather two other persons were the eye-witnesses who had not been produced---Circumstances established that the prosecution had failed to prove its case beyond shadow of doubt--- Appeal against conviction was allowed, in circumstances.

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