LAHORE, Oct 06 (APP): The Lahore High Court (LHC) has acquitted three men convicted in a murder and attempted murder case, giving them the benefit of the doubt and setting aside the sentences awarded by a trial court nearly seven years after the incident.
A two-member bench comprising LHC Chief Justice Aalia Neelum and Justice Abher Gul Khan allowed appeals filed by Zahid Ali, Fazal Abbas and Muhammad Subtain and issued a 24-page written judgment on Tuesday.
The bench dismissed the murder reference seeking confirmation of Zahid Ali’s death sentence, while also setting aside the 10-year imprisonment sentences awarded to Fazal Abbas and Muhammad Subtain.
The court ordered the immediate release of all three appellants, who were in jail, and also dismissed a petition filed by complainant Muhammad Aziz seeking enhancement of their sentences.
The court held that the prosecution had completely failed to prove its case against the accused beyond reasonable doubt. Therefore, the three accused were entitled to the benefit of the doubt, it ruled.
The judgment noted clear contradictions between the statements of the eyewitnesses and the medical evidence presented in the case.
Referring to the report of Punjab Forensic Science Agency (PFSA), the court observed that the bullet casings recovered from the crime scene did not match the alleged 12-bore gun recovered from the accused.
The discrepancy further weakened the prosecution’s case and created serious doubts about the evidence presented against the accused, the court observed.
The trial court in Sargodha had convicted Zahid Ali and sentenced him to death, while Fazal Abbas and Muhammad Subtain were each sentenced to 10 years in prison along with fines.
Source: APP (Associated Press of Pakistan)
