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MUHAMMAD RIAZ vs State Ss — 2022 PCrLJ 1005 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 PCrLJ 1005 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
PCRLJ
Parties
MUHAMMAD RIAZ vs State Ss
Subject matter
Criminal
Provisions referred to
S. 342

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

MUHAMMAD RIAZ VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Conspiracy---Scope---Accused were charged for committing murder of the deceased by firing---Though two witnesses were produced on the aspect of alleged conspiracy---According to said witnesses one week prior to the murder of deceased they heard the voices of accused, wherein accused persons were asking co-accused to commit the murder of deceased---Considering that both the said witnesses were relatives of the complainant and the deceased, it was totally unbelievable that when both the said witnesses, according to them, had heard the conversation wherein, clearly plan under discussion was to commit the murder of deceased, then how they could desist to report such an important factor to the close relative of said deceased prior to the occurrence---In that view of the matter, Court had no doubt whatsoever to hold that said piece of evidence was in fact self-made creation, with no actual basis---Circumstances established that the prosecution had failed to prove its case against the accused---If prosecution had failed and the statement of the accused under S. 342, Cr.P.C. was accepted in entirety, the court was then to give due effect to the statement of the accused, under the law, whether in favour of or against the accused---Appeal against conviction was dismissed.

Other judgments reported in 2022 PCRLJ

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