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Aamir Khan vs State Ss — 2024 YLR 2272 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 YLR 2272 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
YLR
Parties
Aamir Khan 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

Aamir Khan VS State Ss. 302(b), 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Benefit of doubt---Recovery of crime weapon on the instance of accused and crime empties from the spot---Inconsequential---Accused were charged for committing murder of the brother of complainant by firing---During investigation accused got recovered pistol .30 bore which according to the Forensic Science Agency Report matched with the seven crime empties secured from the spot---Securing of seven empty casings of .30 bore caliber from the crime scene was a claim which itself was surrounded amidst doubt---In that regard, firstly it was observed that incident took place at about 8:15 p.m. on a public thoroughfare situated in densely populated commercial area---Spot inspection was conducted after about 5 hours and still the police was able to collect seven crime empties---Recovery of crime empties further became doubtful when seen in the context that no one was deputed to guard or cordon the place of occurrence---Such fact was not even denied by Investigating Officer---Even otherwise, the ocular account in the case had been disbelieved and in the given circumstances, Forensic Science Agency Report which otherwise was only corroboratory in nature could not come to the rescue of prosecution for sustaining the conviction of the accused---Circumstances established that the prosecution failed to bring home guilt against the accused through unimpeachable, trustworthy and reliable evidence---Appeal against conviction was accordingly allowed.

Other judgments reported in 2024 YLR

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