MUNIR AHMAD alias MUNA vs State Ss — 2022 PCrLJ 797 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 PCrLJ 797 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: PCRLJ
Parties: MUNIR AHMAD alias MUNA 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

MUNIR AHMAD alias MUNA VS State Ss. 302(b), 392 & 34---Qatl-i-amd, robbery, common intention---Appreciation of evidence---Recovery of motorcycle used in the occurrence---Scope---Accused were charged for murdering the son of complainant by firing while committing robbery---Record established that said motorcycle was not got recovered by the accused himself in pursuance of any disclosure made by him rather it was alleged by the complainant that said motorcycle was produced by the brother of accused by contending that said motorcycle was used by the accused during the occurrence---Such recovery thus was nullity in the eye of law having no probative value---Record transpired that neither accused made any disclosure regarding usage of that motorcycle during the occurrence nor that motorcycle was recovered pursuant to any such disclosure rather that fact/information came from the mouth of his brother---Said piece of evidence therefore was not admissible under Art. 40, Qanun-e-Shahadat, 1984---Neither the details qua the model, colour and registration number of motorbike used by the accused person were provided in crime report nor in the statements of the prosecution witnesses---Prosecution hardly could take any benefit out of such recovery---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt--- Appeal against conviction was allowed, in circumstances.

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