MUHAMMAD UMAR vs State Ss — 2022 MLD 697 LAHORE-HIGH-COURT-LAHORE

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

MUHAMMAD UMAR VS State Ss.302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Accused was charged that he along with co-accused committed murder of the father of complainant by firing---Serious discrepancy existed about recording of complaint by Police Official, as to whether it was reduced into writing at crime scene or the story was otherwise---When Police Official was confronted in cross-examination with the stance he took in his examination-in-chief, he volunteered that he had committed mistake while stating that the statement of complainant was recorded by him at bridge Khaddar canal but the same was recorded by him at the place of occurrence---Narrations made by complainant and eyewitness were that accused along with his two acquitted co-accused came on a motorbike but escaped by leaving it there---Said fact absolutely appeared to be an abnormality in prosecution's story, because accused was residing in a village that was at a distance of 15/16 kilometres---Accused and co-accused were armed with pistols and they had no fear of anyone therefore, leaving the motorbike at venue of crime made no sense at all---Version of accused he made in his statement under S.340(2), Cr.P.C, that his motorbike was removed by the police from his house and planted on him could not be ruled out---Complainant claimed that while escaping from crime scene, accused and co-accused also made firing in the air but except one, no empty whatsoever was found on spot inspection---Circumstances established that the prosecution failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances.

MUHAMMAD UMAR vs State Ss — 2022 MLD 697 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2022 MLD