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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---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, common intention---Appreciation of evidence---Withholding material evidence---Scope---Accused were charged for committing murder of the deceased by firing---Record showed that the place where from deceased proceeded to fetch praali was 7/8 acres from the place of occurrence---Complainant in clear terms stated that on the day of alleged occurrence only deceased and another person went to collect praali prior to the present occurrence---Complainant did not go to collect praali in the company of deceased and the other person---Exactly same had been the stance of accused in his statement under S. 342, Cr.P.C.---Most natural and independent witness could be said another person, whose presence had been admitted by the accused as well, but statement of that witness was withheld by the prosecution, though he was put for cursory statement---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, then the court was 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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