Nazar alias Chand vs State Ss — 2025 YLR 596 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 YLR 596 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: YLR
Parties: Nazar alias Chand 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

Nazar alias Chand VS State Ss. 302(b), 324, 452, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, house-trespass after preparation for hurt, assault or wrongful restraint, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Co-accused with similar role acquitted on the same set of evidence---Scope---Accused were charged that they along with their co-accused committed the murder of father and brother of the complainant and launched murderous assault on his mother---Record showed that on the basis of same statements made by the eye-witnesses, five co-accused persons, who actively participated in the occurrence and caused injuries to both the deceased as well as injured lady, had been acquitted by the Trial Court and appeal against their acquittal had been dismissed for non-prosecution by the High Court, therefore, the question for determination was whether the evidence which had been disbelieved qua the acquitted co-accused of the accused persons could be believed against the accused persons---If some eye-witnesses were disbelieved against some accused persons, attributed similar roles then the same eye-witnesses could not be relied upon to the extent of the other accused persons in the absence of any independent corroboration---In the present case, the story of prosecution had already been disbelieved to the extent of five co-accused persons, thus benefit of same should be given to the present accused persons---Appeal against conviction was allowed accordingly.

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