Asad Abbas alias Achoo vs State Ss — 2026 MLD 46 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2026 MLD 46 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2026
Reporter: MLD
Parties: Asad Abbas alias Achoo vs State Ss
Subject matter: Criminal
Provisions referred to: S. 87

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

Asad Abbas alias Achoo VS State Ss. 302(b), 324, 109, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Absconsion of accused---Legal provisions not followed for declaring accused a proclaimed offender---Accused were charged for committing murder of two persons and caused injuries to afemale of complainant party by firing---Appellant was declared as aproclaimed offender in the present case, but it was observed that the warrant of arrest was not addressed to any specific Police Officer for execution, which reflected a violation of a mandatory requirement of law---Execution report of the warrant of arrest also failed to disclose the details of the steps undertaken by the Police Officer to effect the arrest of the appellant---No written statement of the Court was available on the record to confirm that the proclamation was duly published on a specified date, as mandated under S.87(3) of the Code---In view of the foregoing, it could be safely concluded that the due process of law, as prescribed under the relevant legal provisions, was not duly followed in declaring the appellant as proclaimed offender---Even otherwise, abscondence, by itself, did not amount to proof of the guilt of the accused---Circumstances established that the prosecution had miserably failed to prove its case against the appellate beyond the shadow of reasonable doubt---Appeal against conviction was allowed, accordingly.

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