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UMAR SHAHZAD alias LALU vs State Ss — 2023 YLRN 76 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 YLRN 76 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Parties
UMAR SHAHZAD alias LALU 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

UMAR SHAHZAD alias LALU VS State Ss. 302(b) & 34--- Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Accused were charged for committing murder of the deceased by giving injuries with stones---Investigating Officer in cross-examination categorically replied that in his first inspection notes and rough site plan there was no mention of any of the eye-witnesses---Said witness further added that alleged eye-witnesses were the witnesses only to the extent of identifying the dead body of the deceased---Both the alleged eye-witnesses claimed that murder took place at 07:30 p.m.---Defence witnesses while attending the witness box specifically maintained that due to scheduled load shedding, at that time, there was no supply of electricity in that area which was also believed by the Trial Court---Ocular account was doubtful---Prosecution was left with the last seen evidence---Acquittal of two co-accused who were also with accused persons when deceased left the shop had given a legitimate right to both the accused seeking their acquittal being similarly placed as of their co-accused---When last seen evidence had been disbelieved, how it could be acknowledged to the extent of accused persons---Circumstances established that the prosecution had failed to prove its case against the accused persons beyond shadow of doubt---Appeal against conviction was allowed, in circumstances.

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