Case Details

Citation(s)
2022 SLG 2060 2022 SLD 2060 2022 PLJ 1342
Lahore High Court
Crl. A. No. 56573 Crl. Rev. No. 56778 M.R No. 203 of 2019, heard on 28.3.2022.
SARDAR AHMED NAEEM AND SARDAR MUHAMMAD SARFRAZ DOGAR, JJ.
Mr. Muhammad Ahsan Bhoon, Advocate for AppellantsMs. Maida Sobia, Deputy Prosecutor General for State.Mr. Muhammad Anwar Bhaur Advocate for Complainant.

AMAN ULLAH SHAH etc.VSSTATE etc.

Law: Pakistan Penal Code, 1860

Section: 302/324/337-U/337-F(v)/337-F(i)/337-A(i) -L(ii)/148/149

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302/324/337-U/337-F(v)/337-F(i)/337-A(ii)/337-A(i)/337-L(ii)/148/ 149--Injured witness--Acquittal of co-accused--Withhold the evidence--Delay in post-mortem--Acquittal of fired at the deceased hitting his chest--Earlier this case was decided by the trial Court and the matter was remanded to the trial court to re-write the s were held guilty, convicted and sentenced--While shifting the deceased to rickshaw/hospital, his clothes got blood stains but neither produced his blood stained clothes--Seven persons sustained injuries but all of them were given up being unnecessary except three persons--The majority of the co-accused is acquitted on the same set of evidence--Motive is not the component of murder and some crimes are motiveless--Prosecution failed to prove the motive--Safe transmission of the recovered gun was not proved--Their injuries were described as gun shots wounds--If all the injuries on the person had been caused by fire-arm there would have been fracture of facial bone and no such categorical statement regarding the same fracture--All the three injured had not specifically attributed their injuries to any of the accused--The tale described by them appeared to the improbable and does not appeal to a prudent mind. The statement of the prosecution witness does not inspire confidence--Delayed postmortem makes the prosecution case doubtful--No independent witness was cited by the prosecution--Prosecution miserably failed to prove its case beyond reasonable shadow of doubt against the appellants--The accused are acquitted of the charges. [Pp. 1346, 1352 1353, 1354, 1355, 1356, 1360, 1361, 1362, 1363 1365] A, B, C, D, F, G, H, J, K, N, O, Q 2010 SCMR 374; 2011 SCMR 323 ref. Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302/324/337-U/337-F(v)/337-F(i)/337-A(ii)/337-A(i)/337-L(ii)/148/ 149--Acquittal of co-accused--The majority of the co-accused is acquitted on the same set of evidence.[P. 1355] E PLJ 2004 SC 552; 2000 SCMR 1758; 2008 SCMR 6 ref. Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302/324/337-U/337-F(v)/337-F(i)/337-A(ii)/337-A(i)/337-L(ii)/ 148/ 149--Dental trauma--There are a number of…
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