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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
Provisions referred to
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

UMAR SHAHZAD alias LALU VS State Ss. 302(b) & 34---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, common intention---Appreciation of evidence---Withholding best evidence---Scope---Accused were charged for committing murder of the deceased by giving injuries with stones---Record showed that Incharge Police Post who recorded complaint was not produced by the prosecution---Said witness was the one who had also recorded the statements under S.161, Cr.P.C. of both the eye-witnesses---Said witness was an important witness keeping in view facts and circumstances of the case and his non-production was fatal to prosecution---Complaint showed that a Chowkidar was also present near the dead body---Said Chowkidar was natural and most important witness of the case but surprisingly he was not examined by the Investigating Officer---Even during trial prosecution made no request for his summoning and recording of statement---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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