ADNAN vs State Ss — 2022 PCrLJ 1852 LAHORE-HIGH-COURT-LAHORE

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ADNAN VS State Ss. 302, 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Benefit of doubt---Presence of eye-witness at the spot was doubtful---Chance witnesses---Scope---Accused was charged for committing murder of the nephew of the complainant by inflicting churri blows---Ocular account of the occurrence had been furnished by complainant and ex-wife of the accused---Occurrence in the case took place inside the house of the deceased---Both the eye-witnesses were admittedly not residents of the house, where the occurrence took place---Both the eye-witnesses of the prosecution stated that they came to the house of deceased on the day of occurrence as deceased wanted to marry ex-wife---Complainant along with his brother came to the house of the deceased in order to discuss the issue of said marriage---Other blood relations and family members of deceased had gone to attend a marriage ceremony to the other city on the day of occurrence and said fact was brought on the record during the cross-examination of the complainant---Question arose that if on the day of occurrence the issue regarding the marriage of deceased was to be discussed, why on the said day, all the family members of deceased including his two brothers, who were residing in the house of occurrence, proceeded to other city to attend the marriage ceremony and in their place, complainant, along with his brother, who were paternal uncles of the deceased had come to the house of occurrence to discuss the matter of marriage---No valid reason of presence of ex-wife in the house of occurrence at the time of occurrence, had been given by the prosecution---Ex-wife of accused who was real maternal uncle of deceased and as such, ex-wife fell within the prohibited degree for the deceased therefore, they could not contract marriage with each other---As per statement of ex-wife, her marriage with the accused was dissolved and the occurrence took place after about seven days which meant that even 'Iddat' period of the lady had not expired on the day of occurrence---Both the eye-witnesses were chance witnesses and they could not establish any valid reason for their presence at the spot at the time of occurrence---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court.

ADNAN vs State Ss — 2022 PCrLJ 1852 LAHORE-HIGH-COURT-LAHORE

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