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Shakeel vs State S — 2025 PCrLJ 1905 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2025 PCrLJ 1905 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2025
Reporter
PCRLJ
Parties
Shakeel 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

Shakeel VS State S.302(b)---Qatl-i-amd---Appreciation of evidence---Unnatural conduct of alleged witnesses---Presence of alleged witnesses at the scene of occurrence doubtful---Contradictions in evidence of witnesses---Accused was alleged to have murdered the son of complainant by firing at him---Trial Court convicted the accused under S.302(b), P.P.C and sentenced him to imprisonment for life---Held: son-in-law of the complainant, who was an alleged eye-witness of the ocular account, deposed in his examination-in-chief that at about 11:00 p.m. when he was sitting in a Baithak complainant informed him about the missing of his deceased-son, whereas during cross-examination this alleged witness deposed that complainant told him by 9/10 p.m. that his son was missing---Prosecution did not furnish any plausible justification for non-production of two alleged witnesses whose house were visited by other prosecution witnesses in search of deceased prior to occurrence, and another alleged witness in whose land occurrence took place or any other independent person who was present at the time of alleged occurrence---Moreover, if witnesses were present at the place and time of occurrence, question was as to why they did not inform the police through 15 or Rescue 1122 service---Conduct of these witnesses was highly unnatural which made their presence at the spot doubtful---Furthermore, the inquest report depicted that the mouth of the deceased was open---In our society when close relatives are present at the spot, at the time of occurrence, they first of all close the mouth and eyes of the deceased---Thus, the abovementioned fact had established that the alleged prosecution eye-witnesses were not present at the spot at the time of occurrence---Prosecution had failed to prove its case against the accused beyond reasonable doubt---Consequently, appeal was allowed and the conviction and sentences of the accused were set aside and he was acquitted of the charge by extending him the benefit of doubt.

Other judgments reported in 2025 PCRLJ

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