UMER ZAIB vs State S — 2022 MLD 193 LAHORE-HIGH-COURT-LAHORE

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UMER ZAIB VS State S.302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Un-natural conduct of eyewitnesses---Scope---Accused was charged for committing murder of the wife of complainant by inflicting churri blows---Motive behind the occurrence was that few days prior to the occurrence, the complainant had forbidden the accused to visit his house, due to that grudge, incident took place---Ocular account of the incident had been furnished by husband and brother-in-law of the deceased being eyewitnesses---Alleged eye-witnesses when returned home to take lunch, the door of their house was open and on hearing the hue and cry of the deceased, they hurriedly climbed the stairs and saw the accused inflicting chhuri blows to the wife of the complainant---Site plan showed that the assailant as well as the deceased were near northern wall of residential room whereas the alleged eye-witnesses were present inside the door of the same room---If such was the state of affairs, it was absolutely beyond possibilities that the assailant, who was only equipped with a conventional tool like chhuri was successful in making his escape good that too untouched and unscathed in the presence of two well-built male witnesses---Apart from the unnatural conduct of complainant and eye-witness it was observed that their arrival at the place of occurrence exactly at a point of time when the assailant was inflicting churri blows on different parts of body of the deceased was also a circumstance, which casted further doubt on their veracity---Circumstances established that the prosecution remained unable to prove the alleged guilt of the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

UMER ZAIB vs State S — 2022 MLD 193 LAHORE-HIGH-COURT-LAHORE

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