MUHAMMAD ASLAM vs State Ss — 2022 PCrLJ 1615 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 PCrLJ 1615 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: PCRLJ
Parties: MUHAMMAD ASLAM vs State Ss
Subject matter: Criminal

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 ASLAM VS State Ss. 302(b), 393 & 34---Qatl-i-amd, robbery, common intention---Appreciation of evidence---Benefit of doubt---Presence of the eye-witnesses at the spot was doubtful---Chance witness---Scope---Accused were charged for committing murder of the brother-in-law of the complainant during robbery---Admittedly, complainant was not an eye-witness of the subject occurrence which, as per prosecution's case, was witnessed by other two witnesses---Said witnesses were not the residents of locality---Complainant, during cross conceded that one eye-witness was his cousin while the other eye-witness was a friend of his cousin---Both the said eye-witnesses purportedly were going to visit at the relevant time when on their way, they witnessed the occurrence---Facts transpired that both the witnesses were not only related witnesses but the chance witnesses as well which required strict scrutiny of their testimony---Circumstances established that the prosecution remained unable to prove its case against the accused beyond the shadow of a reasonable doubt---Appeal against conviction was allowed, in circumstances.

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