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SAJID alias SAJJU vs State Ss — 2023 YLRN 79 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 YLRN 79 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Parties
SAJID alias SAJJU 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

SAJID alias SAJJU VS State Ss. 302(b), 364, 201 & 34---Qatl-i-amd, kidnapping or abduction in order to murder, causing disappearance of evidence of offence or giving false information to screen offender, common intention---Appreciation of evidence---Last seen evidence---Scope---Accused were charged for abducting the son of the complainant with the intention to kill him---Record showed that the prosecution had adduced a witness who claimed that about two and half years back at about Maghrib Wela, he and other witness (not produced) were coming from a Mouza and when they reached near the canal bridge, they saw 4/5 persons including the accused present with the deceased---Accused fired with his carbin which hit on the leg of deceased, other accused fired with his carbin which hit on front chest of deceased, who fell down and succumbed to the injuries at the spot---Witnesses tried to rescue the deceased but accused persons threatened them of dire consequences---Accused persons had thrown the dead body of the deceased in the canal---Record further reflected that in fact said witnesses did not disclose the occurrence to anyone including the complainant of the case and remained silent for about nine months---On going through their statements recorded under S. 161, Cr.P.C., to the police, it was noticed that they did not nominate any accused in their statements---One of the witnesses named the present accused persons and other co-accused first time before the trial court while recording his evidence and admittedly the accused persons were never put to test identification parade---Testimony of such self-proclaimed eye-witness was inherently flawed and no implicit reliance could be placed on him---Circumstances established that the prosecution failed to prove its case against the accused persons beyond reasonable doubt---Appeal against conviction was allowed, in circumstances.

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