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Kashif Jamal vs State S — 2025 PCrLJ 109 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2025 PCrLJ 109 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2025
Reporter
PCRLJ
Parties
Kashif Jamal vs State S
Subject matter
Criminal
Provisions referred to
S. 302

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

Kashif Jamal VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Night time occurrence---Source of light not established---Accused was charged for committing murder of the son of complainant by firing---Complainant and her husband furnished ocular account of the incident---Complainant stated in her cross-examination that source of light was not mentioned in her statement, upon which FIR was lodged before the police---Complainant further stated in her cross-examination that her examination-in-chief was recorded on 23.06.2022 but she had not mentioned the source of light therein---Complainant had also not stated in her examination-in-chief that she told the police about the source of light in her statement before police and police had not recorded such fact---Husband of complainant had also not disclosed the source of light at relevant time even in his examination-in-chief---Investigating Officer admitted in his cross-examination that no source of light was available at the spot and during the inspection he had not collected any source of light at the spot---In such circumstances, identity of the appellant in dark hours of the night at a distance of 88/90 feet, (as mentioned in site plan) when he was heading in opposite direction of the eye-witnesses, was not free from doubt---Mere recovery of electric bulb, later on, did not prove that same was lit at or near the place of occurrence at the time of occurrence---Appeal against conviction was accordingly allowed.

Other judgments reported in 2025 PCRLJ

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